Enquirer News Update   -   Updated 6:40 p.m.

Rape suspect back in jail

Re-indicted after alleged victim changes mind, agrees to testify

By Sharon Coolidge
The Cincinnati Enquirer

The suspect in a rape and kidnapping case who had charges dismissed against him last week because the woman failed to come to court is back in jail.

A Hamilton County grand jury re-indicted Michael Lindsey Tuesday on the same charges, setting the case in motion again.

"We're gratified that the victim is willing to proceed on the case," said Hamilton County Prosecutor Mike Allen. "One way or the other, justice will be done."

The case got national attention after Hamilton County Common Pleas Court Judge Patrick Dinkelacker jailed the woman, who said she was attacked to 10 days on a contempt charge when she refused to come into court. She said she was afraid of retaliation.

Her failure to testify forced Dinkelacker to dismiss the charges against Lindsey, 25, of North Fairmount. Dinkelacker released the woman Tuesday, a few days short of the full 10-day sentence because she promised to go forward with the case and admitted she made a mistake by not showing up for court.

Lindsey is accused of grabbing the woman, dragging her into woods near her home and raping her in July. Lindsey's attorney, William Flax, said his client is innocent.

Lindsey was arrested Tuesday night and is being held in the Hamilton County Justice Center on $20,000 after being arraigned Wednesday morning in Dinkelacker's courtroom.

If convicted, Lindsey faces up to 20 years in prison.

E-mail scoolidge@enquirer.com

• Tuesday update: Judge releases jailed woman
• Pulfer column: Judge used the wrong messenger
• Editorial: Intimidated witnesses
• Saturday story: Rape victim jailed, accused free