Wednesday, August 25, 1999
Ex-guard beats felony rap involving girl
But man guilty of misdemeanors
BY SHEILA McLAUGHLIN
The Cincinnati Enquirer
LEBANON — A 15-year-old girl's contention that she had sex in a holding cell with Timothy Million Jr. on a day he was not working led to the former guard's acquittal Tuesday on sexual battery charges, a juror said.
But the same jury of eight men and four women believed claims from two other teens who said Mr. Million coerced them into exposing their breasts to him while they were locked in a holding cell at the Warren County Juvenile Detention Center last fall.
After less than two hours of deliberation, the jury convicted the 30-year-old Middletown man of two misdemeanor char ges of contributing to the unruliness or delinquency of a child.
“After hearing all the girls' testimony — they were not identical but very consistent — we thought something was going on in there,” said jury foreman Randall Drury of Franklin.
Mr. Million, who was fired from the detention center in January after the allegations of sexual misconduct surfaced, embraced his crying wife, mother and other family members after the verdict was read. He could have faced up to 20 years in prison if convicted on all the charges.
In a case that hinged on the credibility of young witnesses with criminal records, prosecutors dropped seven charges — three felony counts of corruption of a minor involving the 15-year-old; and four charges of contributing to the unruliness or delinquency of a child involving as many teen-age girls, who claimed Mr. Million made lewd
remarks and gestures to them while they were incarcerated.
Defense lawyer Frank Schiavone said the corruption charges were redundant because they involved the same acts alleged in the sexual battery charges.
The contributing charges were withdrawn because the evidence was lacking, Mr. Schiavone said. “They had to prove the girls actually did something (because of Mr. Million's alleged actions), and they didn't,” he said.
Mr. Schiavone, who did not call any witnesses to the stand, said the verdict was “mostly sweet,” and “a classic case of presumption of innocence and reasonable doubt.”
However, he intends to appeal the misdemeanor convictions.
“It's incredible to me that basical ly it was the same credibility issues, yet the jury found him guilty of the two misdemeanor charges dealing with the girls raising their shirts,” Mr. Schiavone said.
Neither Mr. Million nor his relatives would comment after the trial. He will be scheduled for sentencing following an investigation by the probation department.
Mr. Drury said the state's case against Mr. Million began unraveling Monday, when the 15-year-old contradicted prosecutors' contention that Mr. Million had intercourse with the girl on Sept. 28. She testified that the alleged encounter occurred on Oct. 5, the same day she said she took an overdose of Tylenol pills that she had hoarded from the medical unit.
“What made up my mind was the time element and getting the date mixed up. Tim wasn't even there that day,” Mr. Drury said.
Keith Anderson, a Warren County assistant prosecutor, said he learned a week before trial that the 15-year-old had changed her account. Still, prosecutors stuck with the Sept. 28 date and claimed the girl was confused. Prosecutors had a paper trail and witnesses to prove Mr. Million was working on Sept. 28 and that the 15-year-old was in a nearby holding cell when other female inmates and the only other guard on duty were at breakfast.
“We had to look for evidence to corroborate what a person said. It was enough to raise reasonable doubt,” Mr. Anderson said.
“I think the jury found something was going on ... they just were not willing to take (a) leap to find for the most serious offense when there was an issue of credibility.”
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