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SECOND UPDATE- Knox County Judge Otho Eyster Says Child Rape Victim's Affidavit Lacks Merit

By The Pullins Group LLC

Knox County Common Pleas Judge Otho Eyster has ruled that a 15 page affidavit, which includes 26 exhibits filed by an apparent victim of repeated child rape was not filed in good faith and lacks merit.  He referred the information back to the Knox County Prosecutor who, according to the victim, does not want to prosecute after the Knox County Grand Jury declined to indict.

Local news site Knox Pages broke this story which can be read here.

I have personally read a redacted copy of the affidavit.  I have also decided to post a copy of the redacted affidavit here.  You can read it and draw your own conclusions.  I will also post a copy of the judge's decision if and when it becomes available. 

I have posted a redacted version of the Judge's decision here.

I MUST CAUTION YOU.  THE AFFIDAVIT CONTAINS VERY GRAPHIC DESCRIPTIONS OF VARIOUS SEXUAL ACTS.

As the earlier news reports indicate, the apparent victim attached and referred to approximately 23 handwritten letters written by the alleged abuser in her affidavit.  At the minimum, it is my opinion that the victim alleged enough information to either require the judge to issue a warrant for the alleged abuser's arrest or to set a probable cause hearing on the matter.  It appears that the affidavit would need an actual criminal complaint attached to force a probable cause hearing.

In fact, the Fifth District Court of Appeals has repeatedly held that a trial court must set a probable cause hearing when the allegations appear meritorious and the prosecutor has declined to prosecute.  I know that the Justice League of Ohio, on behalf of this victim, is weighing their options for appeal or for other relief.

Finally, Judge Eyster is eligible to run for a final six year term in 2010.  I would respectfully suggest that he not be permitted to run unopposed again.

Full post as published by The Pullins Report on December 09, 2009 (boomark / email).