STEUBENVILLE - Two Steubenville High School students and athletes charged with rape will have a trial in juvenile court beginning on Feb. 13
Visiting Judge Tom Lipps held a pretrail hearing on Friday in juvenile court in the Jefferson County Justice Center.
Trent Mays, 16, of Bloomingdale and Malik Richmond, 16, of Steubenville are charged with rape. Mays also faces a charge of illegal use of a minor in nudity-oriented material.
The alleged rape occurred during the overnight hours of Aug. 11-12 and involved a girl who witnesses said was highly intoxicated.
But Richmond's attorney, Walter Madison, filed a motion on Friday for separate trials for both defendants.
Madison said there were statements made by Mays that may incriminate Richmond. He said some of the statements were inconsistent, adding some were "locker-room boy talk."
Madison said the statements by Mays may force Richmond to take the stand in his own defense, even though Richmond may not want to testify on his own behalf.
The prosecution is represented by Assistant Attorney General Marianne Hemmeter and Assistant Attorney General Jennifer Brumby, both with the Ohio Attorney General's Crimes Against Children unit.
Mays is represented by attorney Adam Nemann of Columbus.
Brumby said the state is opposing Madison's motion. She said there is no jury in a juvenile court trial, and Lipps as judge can make an educated determination as to the statements made by each defendant.
Lipps said he wants to make sure there is a fair hearing for both juveniles but also is concerned about an unnecessary delay in the trials and an added expense to the court.
Brumby said she will provide Lipps with a copy of all statements made by the defendants. Brumby also said she will submit a brief opposing Madison's motion. Lipps reserved ruling on the motion.
Lipps ruled in November that the case will remain in juvenile court and will not be moved to adult court.
The judge also in November released Mays to his parents and Richmond to Greg and Jennifer Agresta, who had guardianship of Richmond earlier in his life.
Both juveniles will be on electronically monitored house arrest and only allowed to leave the home for school and church. Richmond and Mays will attend the juvenile court alternative school and are not allowed to participate in extracurricular activities. Lipps said he didn't want the juveniles to have contact with fellow students who have testified in a previous hearing or may testify in the future.
The juveniles also were ordered not to have contact with the victim.
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