Judge throws out rape case - Prosecutor was late for court
Judge Throws Out Rape Case After Prosecutor is Late for Court June 17, 2006 06:01 PM EDT CLEVELAND (AP) -- 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. Posted by PJS The Associated Press contributed to this report http://www.wtol.com/Global/story.asp?S=5044450

Rape case dismissal angers accuser's mom June 22, 2006 BY THOMAS J. SHEERAN CLEVELAND -- A prosecutor trying to stop a rape trial was more than 45 minutes late for court, and the judge threw out the case because of the tardiness, prompting the victim's mother and defense attorney to cry foul. The defendant is likely to be re-indicted and go before a different judge, but the response was still heated to the decision by Eileen A. Gallagher, one of 34 trial judges in Cleveland's busy criminal courts. The mother of the 16-year-old accuser denounced the judge as unethical, and the defense accused the prosecutor of ''judge shopping.'' ''My client's life is on the line here,'' defense attorney Rufus Sims said of the suspect, Norman Allen Craig, 22, of North Ridgeville. ''We're concerned about this forum-shopping. They are trying to find another judge who is going to be agreeable, amenable to them." Assistant Prosecutor Mark Schneider earlier had asked Gallagher to step aside, claiming she showed a bias against the accuser last fall by suggesting the girl lacked credibility. Gallagher denies the accusation, noting she ruled against a defense request to use reports from social workers to buttress its case. Schneider said the case would be reinstated. ''Any time a young child who's had the courage to come forward is victimized by the system, nobody wins,'' he said. Gallagher said it's not unusual to dismiss a case when a lawyer isn't prepared. ''The bottom line is people have to understand a rapist was not set free,'' the judge said. ''He will be brought before a court and will have his day in court, as will this young girl, or teenage girl. This girl will have her case fairly heard in a court of law.'' AP http://www.suntimes.com/output/news/cst-nws-rape22.html