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Small town rape case gets national attention

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    Authorities work to separate fact from fiction

  • Duration 13:23
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Boxers alert -- national controversy is now growing out of a small town criminal case in Ohio.

It started with the rape investigation following a high school party.

The protesters turned out this weekend over claims that this investigation has not gone nearly far enough.

Because of worries about protecting one school's popular football team that's the allegation won the school denies.

Trace Gallagher live out West Coast -- -- Trace.

And -- -- you had this Cuban Ville police the Jefferson county sheriff's department athletes and coaches all being accused of a cover up just did you said to protect their very coveted football program and this is getting very big time national attention mostly because.

Of this picture right here was released.

By the hacking group called anonymous it shows the victim being carried by her wrists and ankles by two young men.

Now the two young men one that we know in this picture has been arrested overall to sixteen year old had been arrested and charged.

The group also released a video showing several other young men joking about the assault watch.

Thought maybe -- Yeah it is your kids yeah and I forgot I -- -- -- the yeah straight.

That's how you see at -- someone who and what do you know your daughter yeah millions.

-- -- -- -- That video or at -- has sparked a number of protest people calling for more arrests listen here.

We all feel very strongly about this as a parent have a daughter you know as a woman myself this is absolutely unacceptable.

But here's the deal investigators have known about the picture and the video from the start they have acknowledged the video and picture are appalling.

And stupid but not proof of a crime now still -- -- police.

Interviewed 59.

People in its investigation they also called in the Ohio bureau of investigation.

The county attorney has now given full authority to the Ohio attorney general the police have also posted.

A timeline of the case summaries of Ohio sex laws.

And facts about the police force the sheriff is now lashing out saying that people are trying this in the media.

And on social web site's listen.

This case is still under investigation.

Don't be an investigation into a trial stars how do you support what percent -- approved.

All the newspapers -- bill boo whatever -- back it up was good solid information did you have did you do this story was when someone's giving you information.

-- -- -- The 216 year -- who were charged in this case will be tried in juvenile court in the middle of February.

All right -- thank you.

For more on this we are joined by the -- Ohio attorney general Mike DeWine live from Columbus -- welcome to the program thanks so much for being here.

Thank you -- so this case is getting.

A lot of attention and people are really disturbed about it tensions are running very high the two alleged rapists.

Have been charged will go to trial in February in in June the but that -- Protesters were upset because they believe that that kid we just saw that video talk about how dead the victim was the alleged victim.

And others need to be charged in this case as the person who's now in charge of this because the local prosecutor had to recuse.

There a lot of connections to the football team in that town.

Or at least alleged connections as the personnel in charge of this case what do you say to those who want more charges.

Well first of all that video is just disgusting.

I think what's really sad all rape cases are sad.

Or horrible.

But what the victim has to go through not only had to go through the incident.

That tragedy.

But now she and her family continue to be victimized frankly by the social media that's out there.

And -- things is that just horrible despicable.

Twelve minutes.

Comments by this this mania.

What is -- criminal case here but is it criminal before and move around with a man is that a criminal what you send it.

Well first of all there's no evidence.

We can see that that he was actually present when the rape occurred.

The gas and that's a significant.

Piece of information.

It's British -- insensitive it's horrible.

-- not necessarily mean that is illegal let me tell you -- the case years.

We became involved in this case as you pointed out in August.

When the prosecuting attorney ask -- because of a conflict ask -- to become involved we're also involved.

Assisting -- -- -- police department who -- BCI agency.

-- two people been charged with very very serious offenses -- will stand trial on a -- on.

February 13 that case will will go forward in front of a visiting.

Juvenile court judge who come in here the case evidence will be presented them.

The investigation overall investigation though does continue it is active in its ongoing.

We -- winding it down but it's still it's still going and so whether or not anyone else is going to be charged or not I can't tell you that.

-- to wait until the investigation it is totally complete.

Now I know that some.

I'm -- I've I've I've been told that the actual alleged rape was not videotaped.

But that they're certainly pictures that -- that were taken.

Before and after and an evidence that you may have from people's cellphones and so on that may be incriminating to the two defendants.

And that certain folks who turned over said that evidence you have received immunity is that true.

And no one has received immunity I know and has been promised anything.

The case will be tried -- I'm not gonna.

Tried in the media here this social media -- respond to rumors the case will be tried in front of the judge.

Who will look at all the evidence and we will present that on the thirteenth day of February.

So the sentinel is receiving any of -- -- you don't possible -- has been promised anything.

No one's been promised and I wanna ask you about.

So the serve a couple of different layers there's that you know alleged defendants who of course at a raped this girl and I want the viewers another defense attorneys say they didn't do it.

They appear to be generating a consent defense to say that she consented to the sexual acts and I believe your position is she was in no position to consent she was completely passed out and you know and that's not -- person can consent legally.

But in any event -- diet that's the first layer them they're the people who videotaped the girl in that condition and whatever was under and then there's the people who forwarded around the pictures of this naked.

Vulnerable girl passed out.

And the question is whether that third layer of people forwarding pictures around of of that partially naked or fully naked you sixteen year old.

Can be charged with a crime your thoughts.

I'm not gonna comment about the facts of this case -- -- you say you have.

For everyone in the industry -- -- community and throughout the nation is looking at this.

This investigation continues.

I think people should have conference in the investigation.

We were brought again to help in this investigation I don't -- -- bill.

Our investigators are are not involved.

They're doing the investigation along with the local police.

-- for dinner -- -- -- were up against heartbreak and Alex furious over what cannot get a chance to finish that by the undecided break -- and -- finish that thought pure and I'll ask you Vatican a lot of people say that this football team is so much and Stephen bill that.

Everybody connected to the case is clammed up and they're not being honest to social talk about that next -- -- -- back.

We're back now with the Ohio attorney general Mike -- live from Columbus we appreciate you being with -- -- very much today on this important case out of Ohio.

Which two juveniles have been charged with rape and there's a question about whether others who were at these parties where the girl is alleged to have been dragged from place to place.

And repeatedly sexually assaulted whether they too could face charges just want to press you a little bit -- one point I understand there's only so much you can say.

But Ohio laws we see it looking it up says no person shall photograph any minor.

Who is in a state of nudity and if it's -- your child basically but it it no person -- photograph any minor in a state of nudity -- she's a minor that would be a felony.

Is that something you can confirm whether you are looking into.

No I'm not going to confirm that but why can't tell you is that we're looking at every single aspect of this case.

The initial.

What happened.

The incident itself.

The aftermath of that there's no part of this case that we are not looking at.

It is an active case it's ongoing we are still interviewing witnesses is the electronic don't need sorry perhaps.

No that is the alleged victim able to help you because they said that she was -- so passed out.

She's really income -- and couldn't remember the evening.

Well I'm not going to comment about the state of the evidence.

That will come out -- at the trial.

But I'll say certainly the the victim has been very cooperative.

I would also say that we've had many other people who have been cooperative.

There seemed to be -- Rumor going around the people -- not been cooperative we've been able to interview many many witnesses.

And together of the faction and the evidence and our ultimate goal.

Is to find the truth that's what a prosecutor -- -- you try to find the truth then present that the court.

Yeah what -- that because for folks who don't know stupid -- Ohio it's a small town it's seen a real decrease in in that in comments about 33000 dollars.

Being a per person there which is significantly lower than national average steel mills -- -- -- around the town of coal industry have all taken a beating.

And so football they're big red football is huge and said -- Billy dominate an -- lift the town.

And so -- there is an allegation that people have clammed up that they these two guys who are facing charges were football stars they they obviously lost their season but.

There's a question about whether.

Others on the team perhaps are being protected because of their star football role.

Well first of all this is this is a great community.

These are great people I've spent a lot of time there over the years.

And represents human Phillips well the rest of state for many many years it's a good area it's good good people.

But what this case is about is something that happened -- incident that happened.

And we allege.

That there was a rape that occurred.

And we believe we can prove that ultimately that's going to be up up to the court.

To make that decision as far as the allegations that football has anything to do with the investigation.

Footballers they can sue and bill she -- bill and it's good and big in Jefferson County it's big across the state of Ohio but it really has nothing to do.

With the facts of this case nor does it have anything to do with.

How we are handling the investigation were hailing this investigation like we handle any other investigation.

I'll tell you the attorney general's office -- call in too many counties in the state where there is either -- conflict.

Or where.

Various.

Problem with not enough resources locally so this is not that I'm -- on the -- in the attorney general's office to be called him.

Quick question -- a quick answer if -- -- if these guys get convicted in juvenile court and they're they're both I think sixteen years old or thereabouts.

How much time and how would that work.

Well first of all they're being charged in juvenile court.

And that charge -- -- delinquency charge under Ohio law.

We allege the underlying crime is is a rape crime so that would ultimately if they're convicted and we have to have a trial first.

That decision about what what happened with them is entirely -- to the judge.

But can you give us arrangement a big are they gonna go to jail allegedly you know because it's -- -- -- few years 'til they're eighteen and then they're out.

Now this is this is it juvenile court and and -- -- up to the judge and I'm not gonna go beyond that because that's that's not my job message for Jewish -- I want others to present -- why they weren't -- the years I've confessed an understanding fully how all juvenile courts work my understanding is normally use you served time.

Only up until -- at at most age 21 and then you're out.

Again this this will be under a while longer be based on the judge's decision a decision was made.

You know these individuals potentially could have been bound over.

The grand jury and tried as adult.

But the -- there's not the other -- the case the evidence in regard to their background.

Was simply not there and therefore they are being tried.

In juvenile.

-- or not said to be you know habitually bad kids but.

Obviously the allegations are very serious and I do want to stress that they deny them these two boys say they did not rape anybody and we'll see we'll see how the justice system plays -- -- Mike -- thank you so much sir for being here all the best -- you.

Thank you.

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