Friday, June 28, 2002
Teen to be tried as adult in rape
Judge recommends move to county jail
By Janice Morse, jmorse@enquirer.com
The Cincinnati Enquirer
HAMILTON A Butler County judge ruled Thursday that a 16-year-old Trenton rape suspect who has had repeated contact with the juvenile court system will be prosecuted as an adult.
Juvenile Court Judge David Niehaus said he was transferring the case of Timothy McGlothin to Common Pleas Court because of the seriousness of the offense, the harm to the 13-year-old victim, previous unsuccessful efforts to rehabilitate him, and to protect the safety of the community.
Assistant Prosecutor Greg Stephens, who handles juvenile court cases, said he was pleased with the decision. I would have had no hope of trying to work with (Mr. McGlothin) in our system, he said.
A co-defendant, Michael Phillips, 18, is free on $200,000 bond and is scheduled for a Monday hearing before Judge Patricia Oney, said Assistant Prosecutor Jennifer Muench-McElfresh. A grand jury indicted Mr. Phillips on a felony and three misdemeanors involving two girls, ages 13 and 15, Ms. Muench-McElfresh said. The charges are two counts of unlawful sexual conduct with a minor and two counts of sexual imposition.
Officials couldn't say when Mr. McGlothin's case might go to a grand jury, which could choose to charge him with rape, some lesser offense or no crime at all.
Judge Niehaus ordered that Mr. McGlothin be transferred from the county juvenile detention center to the county jail. The judge also set bond at $20,000 cash and ordered that if Mr. McGlothin does post bond, he must have no contact with the girl who reported the rape, with witnesses to the incident nor with their families. Further, the judge said the boy, if freed, would have to stay outside the Trenton area.
Mr. McGlothin's lawyer, Frank Schiavone of Middletown, told the judge: I worry about his safety, to be honest with you. Emotions are running high.
After court, Mr. Schiavone said it was crystal-clear that any sexual contact his client may have had with the 13-year-old girl was consensual.
In a hearing last month, the girl said she and four other girls sneaked out of their homes and went to a house where Mr. McGlothin forced her to have sex.
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