Wednesday, June 21, 2006

The judicial crack up continues apace.

WTOL: Judge Throws Out Rape Case After Prosecutor is Late for Court

The mother of a 16-year-old northeast Ohio girl says her daughter feels even more victimized after a judge threw out the case against the man accused of raping her because the prosecutor was late for court.

Cuyahoga County prosecutors have filed an appeal. They say if that doesn't work, they will refile the charge against Norman Allen Craig, who the Rocky River girl says raped her six years ago.

Judge Eileen Gallagher dismissed the case because Prosecutor Mark Schneider was 45 minutes late. Schneider was delayed because he was in his office preparing an appeal to prevent the judge from proceeding with the trial.

Schneider says he wanted the judge to remove herself from the case because she said last year that she thought the victim had credibility problems. She refused.

Here's a tiny bit of good news:

The Canton Repository: Cleveland judge to recuse self in rape case

A judge who threw out a rape charge when the prosecutor was 45 minutes late for court said on Tuesday that she won’t handle the case if the defendant is re-indicted.

Judge Eileen A. Gallagher of Cuyahoga County Common Pleas Court said local court rules would automatically assign her to the case if Norman Allen Craig, 22, of North Ridgeville, is re-indicted.

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