Hearsay could be allowed in case against Hamilton man charged in rape
Common Pleas Court Judge Jennifer McElfresh granted a motion in limine and set a hearing for 10 a.m. on May 19. The prosecution will argue that the court should allow hearsay testimony in the case against Michael Dean Withrow, a 45-year-old Hamilton man.
"The way the state usually presents evidence is we'll have a caseworker provide via testimony about why certain statements are relevant in a medical diagnosis and treatment," said Assistant prosecuting attorney Lindsay Sheehan, then adding they'd explain why those statements are an exception to the rule against hearsay.
State law allows for several types of hearsay statements to be allowed as evidence, including statements made for medical diagnosis or treatment, according to the Ohio Supreme Court's Ohio Rules of Evidence. McElfresh will determine if the state can make its case.
Withrow was indicted in March by a Butler County grand jury on a count of rape, a first-degree felony, for a crime that allegedly occurred on Oct. 8. He was also indicted on two counts of sexual battery, both third-degree felonies, and intimidation of a victim, a first-degree misdemeanor.
Withrow's co-defendant, Brandi Nistler, 39, of Hamilton, was also indicted by the county grand jury on intimidation of a victim, though that was a first-degree misdemeanor. She bonded out, and McElfresh ordered her to wear a GPS monitoring device, but the judge on Thursday allowed it to be removed as Nistler has been following the court orders. She is scheduled to return to court at 1 p.m. on May 22.
Withrow's bond is a $200,000 cash or surety. If he bonds out, he must wear a GPS monitor.
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