Judge quits false rape trial

PORT CLINTON — A judge recused himself from the trial of a woman who Ohio Attorney General Dave Yost says lied about being raped. Yost Register photo Meanwhile, Yost is refusing to release parts of two other rape complaints filed against the same man, contending the circumstances of those other cases make them irrelevant to Yost's falsification case against Arica Waters. And finally, an attorney representing Waters says a private investigator — working on behalf of the man she accused of rape — interfered with one of the other investigations and made false claims to a Hancock County sheriff's detective. That's all according to documents filed Friday in Ottawa County Common Pleas Court. Judge Bruce Winters, in a judgment entry, removed himself from presiding over the trial after serving in that capacity since before October, when a county grand jury indicted Waters, 29. Winters, who provided no explanation for his decision, requested the Ohio Supreme Court appoint a visiting judge. It's not clear who initially pushed for charges. A former magistrate who worked for Winters asked Yost to act as special prosecutor, but it's unknown if he did that at Winters' behest or another party after Ottawa County prosecutor James VanEerten declined to take a falsification case to a grand jury. The magistrate later quit after being asked to resign. It's unknown if his departure is related to the Waters case, which appears to be unique. The Register has been unable to locate any prior falsification case against a woman who allegedly falsely accused a man of rape, and Yost has declined to say why he agreed to take on this one. Nothing to see here Drew Wood, the Ohio associate attorney general who works for Yost as acting special prosecutor, contends one of the prior alleged rape victims is unreliable because of statements she made about being unsure exactly what happened, which is common in suspected "roofie" rapes like she was reporting when a victim is drugged prior to an assault. Wood In the other one, Wood contends parts of the second report should not be provided to the defense because the alleged victim told Ottawa County Sheriff Steve Levorchick, a captain with the sheriff's office at the time, that she did not want to pursue charges. That alleged victim has said she was pressured, however, to not pursue charges and that issue and others are subject to a pending investigation to determine whether Levorchick mishandled her rape complaint. VanEerten asked Yost's office to conduct that investigation, but he declined, saying it was not a priority. Yost's office did not previously release any information about the other two rape complaints until after the Register reported about them. Generally, a prosecutor is required to make all evidence available, including evidence that might help a defendant. Yost and Wood have declined to say why the information was withheld previously or why some was later released and why other portions continue to be withheld. Anjum Levorchick appears to have initially failed to disclose the existence of the prior rape complaint that he investigated in 2008 to his detective when she was investigating Waters' claim that she was raped by the same man last year. It also appears, from the reports, that Levorchick failed to disclose it to the Hancock County detective investigating the third complaint. False allegations? Waters' attorney, Sarah Anjum, told the court an attorney for the man Waters and the other women accused of rape interfered with the third investigation, which was conducted by a Hancock County sheriff's detective. A private detective who works for his attorney alleged that two of the women conspired to falsely accuse the man of rape, an accusation that was not confirmed. "Counsel would have to withdraw if the need to defend herself against baseless allegations became a distraction, or if counsel felt she could no longer zealously defend Ms. Waters without facing threats to her freedom or safety," Anjum wrote in a court motion she filed Friday.