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More charges coming in disturbing Ohio rape case?

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    Could bystanders face charges?

  • Duration 6:12
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As a personnel in charge this case what do you say to those who want more charges the investigation.

Overall investigation though does continue it is acting.

It is ongoing.

-- -- 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.

We'll have to wait until the investigation it is totally complete.

But I was Ohio attorney general Mike DeWine yesterday on this program when asked about the possibilities of more charges against others in what has become a national controversy.

This follows the alleged rape of a sixteen year old girl at a party it happened last August who may have been passed out drunk or drugged at the time this is a picture.

Of the two high school football players who were said to be her alleged rapists.

They've been charged they they denied that and maintain their innocence claiming consent.

Now police came to these two men identified them as the alleged perpetrators after they sorted through dozens of pictures.

Cell phone videos and other evidence.

And now many are pro testing in response in this case saying it's not just about these two young -- it's also about those who took photographs like this one.

Who videotaped.

Even the alleged crime as it was in process.

And they want to know why there have not been more charges brought.

Joining me now defense attorney Joey Jackson onetime prosecutor now defense attorney and Mercedes -- to Fox's legal analyst.

All right so the attorney general came on -- program yesterday he's handling the case now because the local prosecutor had to recuse yourself.

And he'd refused to rule out the possibility of maybe other people being charged but the local share -- sit said over the weekend.

On gun charge -- there's not going to be any more charges.

You tell me Mercedes weathered the people who actually videotaped.

An alleged street I want to underscore the defendants maintain their innocence but -- you know purposes of this case we're talking about alleged rape.

They videotaped it whether they could be charged they could be charged as accessories to the crime because really -- I think controlling a very encouraging.

Are they think a month to month -- for the -- -- keep doing it kicked it.

That is no.

That there's no evidence of that but we don't know because some of that evidence had been destroyed that's what that's what has been written about we don't know until more investigation is related to.

Talk to more of these but I don't I don't -- in the gut so if there isn't.

-- I think you're you're out on the limb that you don't need to be to be out on.

-- there's not -- courage and I'm I'm looking at the Ohio statutes.

First we've got failure to report a crime no person knowing that a felony has -- is being committed -- knowingly failed to report.

So you this is a sixteen year old girl was allegedly allegedly getting raped OK so that's number one.

And here's the picture of the two the two perpetrators the alleged perpetrators OK number two.

Pandering sexually oriented -- matter involving a minor.

If you create record for a -- for film or publish any material that shows a minor participating in sexual activity -- a second degree felony pandering obscenity you can't.

Create reproduce or publish any obscene material for you can't illegally used a minor.

In a state of nudity -- the hot hot and -- out of art why did talk about you know encouraging.

To prove that but say it but that's science aside from that you're right I mean there are -- that talk about what you can can do when it comes to these videotape when it comes these photographs.

And if there's evidence that there is that an obvious we have one of the video did not know Indiana's of their other issues regarding Michael -- BM.

None out our son and I -- there's nothing -- that kid who.

Was ranting about she's is dead is this he did nothing illegal -- -- something immoral but nothing illegal -- your thoughts.

While at that thought terrorists follows Megan first of all obviously if this is in fact true when there was a rape here and it was not without consent then it's a -- that's tragic it should never happen.

The critical issue here is whether or not those who actually videotaping it whether they would face any criminal responsibility.

And at this point I would say the jury's still out on that -- -- say that.

Because we don't now I know that there were a number of -- photos and videos taken -- but we also now we have reason to believe that a lot of that evidence was destroyed.

And so what we have to focus on on specifically what did they videotape what did they say.

What was observed what was it observed how was it observed and if in fact she was violated any in any way by the two war -- that's what's going to be critical -- There is a -- and let me guess -- there is a report that.

One high school student.

Videotape on his cell phone the actual alleged rape.

And then deleted it but that as it was happening he videotaped it and that he is now going to be a witness for the prosecution.

Reports said he was given immunity I asked AG to whine about that yesterday said nobody's been given immunity.

-- Mercedes someone if that is true that somebody videotaped the actual alleged.

Sexual.

Activity I'll use that term for the benefit of the defendants.

That would be a crime would it not.

It's fall squarely within the statutes that you read it's exactly right if you're filming the actual the actual crime it is a crime.

And whether they deleted or not there other way even if it was consensual even if that was confessed to but you know that's that's a whole -- -- -- how can there ever be consent when you look at the state that the victim was then.

And they look at some of these protesters are saying -- walking around with signs saying no means no and Stephen milk but if you're -- singing yes I mean that's.

Well that ran out that'll play on the court about whether she was you know.

Capable of consenting in the condition that she was in but you tell me Joey eat these these -- you seem to say that you show a minor which she was nude.

Even with their consent even if she was -- out with -- you know that that she doesn't she claims she was not Mexico let's have any.

It certainly could potentially be but I think it's going to also fall line and you're gonna have to evaluate what the ages are of the parties who would there we're talking about juvenile certainly it doesn't excuse it but it mitigates the conduct did they know what they were doing.

How are they acting what what if anything could they -- have done to intervene and so I think this is going to be looked at in the lines of how would juvenile might potentially respond under these circumstances.

And in order to hold them accountable as a felony it may be a bit.

Much -- I don't -- it is a disparity between what the sheriff says in the AG says we'll watch to see it play out now thank you.

Thanks man we'll direct.

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