AP: Attorneys seek dismissal of Ohio rape case

Published on NewsOK Modified: March 11, 2013 at 9:24 pm •  Published: March 11, 2013
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Richmond's attorney did not immediately respond to a message Monday night seeking comment on the request for dismissal .

Bob Fitzsimmons, a lawyer for the girl's family, said, "The family wants this matter over so they can move on with their lives and their daughter's healing."

In an order last week, Hancock County Judge Ronald Wilson ruled that no legal case was cited from anywhere in the country to support the argument that the three West Virginia juveniles can be compelled to testify in Ohio.

Ohio and West Virginia law is different for a juvenile delinquency hearing compared to a criminal trial, Wilson said in the four-page ruling on Wednesday.

The request for the subpoenas came through Ohio Judge Thomas Lipps, after defense attorneys filed motions with him asking that the three witnesses appear at the trial.

Dozens of witnesses for both sides are expected to testify at the trial. Their testimony is considered crucial because the girl was severely intoxicated that night and appeared to be passed out at times, according to several witnesses. She is not expected to testify herself.

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