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Ohio Archives for 2016-05

Cincinnati's Pioneering Gorilla Exhibit Now Common in Zoos


CINCINNATI (AP) — The Cincinnati Zoo says it will look at whether it needs to reinforce the barriers around its gorilla exhibit even though it considers the enclosure more secure than what's required.




The area remains closed after the zoo's dangerous animal response team killed a gorilla over the weekend to protect a 3-year-old boy who had fallen into the enclosure.


The Gorilla World exhibit in Cincinnati was among the first of its kind when it opened nearly 30 years ago.


But most zoos across the country with gorillas now have open viewing areas with a series of barriers like the one in Cincinnati.


Some critics have blamed the boy's parents for allowing the child out of their sight while at least two animal rights groups say it's clear the barrier wasn't adequate.





Ohio Zoo Closes Gorilla Exhibit for Now After Boy Falls In


CINCINNATI (AP) — The Cincinnati Zoo has temporarily closed its gorilla exhibit after a special zoo response team shot and killed a 17-year-old gorilla that grabbed and dragged a 4-year-old boy who fell into a moat.


Ohio Gorilla


Zoo officials say the boy fell after he climbed through a public barrier at the Gorilla World exhibit Saturday afternoon. He was picked up out of the moat and dragged by the gorilla for about 10 minutes.


Authorities say the child, who has not been identified, fell 10 to 12 feet. He was taken to Cincinnati Children's Hospital Medical Center, where he's expected to recover.


Zoo Director Thane Maynard says the zoo's dangerous animal response team decided the boy was in "a life-threatening situation" and that they needed to put down the 400-pound-plus male gorilla named Harambe.





Ohio to Let Buckeye Lake Rise to Usable Level Amid Dam Work


MILLERSPORT, Ohio (AP) — Officials will let the water level rise in central Ohio's Buckeye Lake after keeping it low for over a year as a precaution because of a deteriorated dam.


Buckeye Dam


Ohio's Department of Natural Resources said Thursday it will let the lake fill enough to accommodate boating and recreational activities this summer. That's welcome news for area businesses that suffered as low water deterred visitors.


Buckeye Lake's 4.1-mile earthen dam is nearly 180 years old.

It's been weakened by several hundred homes, docks and other structures built into it, and the U.S. Army Corps of Engineers concluded the dam was at risk of failing.


Workers have constructed a stability berm along the water, and locals had hoped the lake level could be raised while the new dam structure is built by 2019.



Police: Ohio Man Seeks Gun Duel After Road Rage Incident


WESTLAKE, Ohio (AP) — Police say a 67-year-old man tried to provoke a gun duel during a road rage incident in an upscale Cleveland suburb.


Road Rage


A statement from Westlake police says William Keener of Westlake deliberately crashed his car several times Tuesday into a vehicle driven by a 64-year-old Westlake woman. Her 71-year-old husband was in the front passenger seat.


According to police, Keener threatened to kill the couple after both vehicles pulled off the road. Police say the 71-year-old man warned Keener he had a concealed carry permit and picked up a holstered gun, prompting Keener to pull a gun from his waistband and dare the other man to draw. Westlake police soon arrived and arrested Keener, who is free on bond.


Court records don't indicate if Keener has an attorney.




Ohio Airport to be Named in Honor of Astronaut John Glenn


COLUMBUS, Ohio (AP) — Astronaut John Glenn is getting an airport named in his honor in his home state of Ohio.


John Glenn


In a gesture of bipartisan cooperation, the Republican-dominated Ohio House voted Wednesday to support a bill adding the 94-year-old Democrat's name to Port Columbus International Airport. The facility's new name will be John Glenn Columbus International Airport.


A Senate vote is also expected Wednesday.


Glenn was the first American to orbit the earth and was a member of NASA's storied Mercury Seven crew that led the U.S. into space. With Scott Carpenter's death in 2013, he became the crew's last surviving member. Glenn also piloted the first supersonic transcontinental flight in 1957.


He was elected to the U.S. Senate in 1974, serving until 1999. He returned to space in 1998, at age 77.




1st 2017 Acura NSX Rolls Off Line in North American Debut


MARYSVILLE, Ohio (AP) — The next generation of Acura's top-of-the-line 2017 NSX has begun rolling off the line in Ohio.


NSX 2017


Honda Motor Co. unveiled the first of the cars at its specialty manufacturing facility in Marysville Tuesday.


The automaker says "VIN 001" set a record as the highest selling designated vehicle identification number at January's Barrett-Jackson collector car auction. It went for $1.2 million. Honda donated the proceeds to charity.


All roughly 800 cars to be produced annually will be made in Ohio. It's the first time in the car's 27-year history that it's being made outside Japan. The 2017 NSX starts at $156,000.


Honda's decision to build its top Acura specialty car in North America aims to tap the U.S. market and distinguish itself from European competitors, such as Lamborghini, Ferrari and others.




Ohio Man Accused of Chaining Girl in Basement Denies Wrongdoing


TOLEDO, Ohio (AP) — An Ohio man accused of chaining a teenage girl in his basement as punishment is denying he did anything wrong.




Timothy Ciboro (SIH'-bohr-oh) said in jailhouse interviews with media outlets in Toledo that the allegations aren't true and that the 13-year-old girl wasn't mistreated. But he wouldn't answer questions on whether he had chained her.


Ciboro and his 27-year-old son were charged with kidnapping and child endangerment last week after the girl ran from the home.


The girl is a relative of the two men and told police she used a spare key to unlock herself.


Ciboro told media outlets the girl didn't want to do things with the rest of the family and she wanted to be away from the house and with people who weren't good for her.




Ohio Lawmakers Near Vote on Speeding up Lead-Water Alerts


TOLEDO, Ohio (AP) — Ohio is moving closer to forcing public water systems to alert residents within two days after lead is found at the tap.


Water Faucet


It's a key part of an overhaul rolled out by Ohio Gov. John Kasich's (KAY'-sik's) administration to change how the state and its cities deal with lead in drinking water.


The two-day notification would be a major switch from current federal rules that give water plants 60 days to notify all residents.


But a water industry group is among those saying the proposed deadline is too short.


The head of the Ohio Water Utility Council says it could distract water operators at a time when they should be focused on the lead problem.


He'd rather see a five-day deadline.

State lawmakers could vote on the proposal this week.



Solar Plane's Flight from Ohio to Pennsylvania Postponed


DAYTON, Ohio (AP) — A solar-powered airplane's planned flight from Ohio to Pennsylvania has been postponed.


Solar Plane


The Swiss-made Solar Impulse 2 is on an around-the-world journey. It was scheduled to fly from Dayton to the Lehigh Valley Tuesday morning, but project officials scrapped those plans late Monday night.


Officials say that during a failure of the cabinet of the Solar Impulse's mobile hangar, the plane was briefly touched by the hangar's fabric. The cabinet distributes the fan power needed to keep the mobile hangar inflated.


Officials say the plane does not appear to have sustained any damage, but they plan to examine it more closely over the next few days.


The globe-circling voyage began in March from Abu Dhabi, the capital of the United Arab Emirates, and made stops in Oman, Myanmar, China and Japan.



Police: Driver Charged in High-Speed Chase was Off-Duty Cop


FAIRLAWN, Ohio (AP) — Police say a driver who led officers on a high-speed chase in Ohio earlier this month turned out to be an off-duty officer — and so was his passenger.


Fairlawn police on Monday released footage of the May 7 chase, which shows an on-duty officer's apparent surprise when he realizes fellow city officers were in a sport utility vehicle that was clocked going more than 40 mph over the speed limit and failed to stop.


The chase lasted for about a minute.


Justin Herstich


Justin Herstich is charged with not complying with police, reckless operation and speeding. The other officer hasn't been charged.


Herstich couldn't immediately be reached for comment. It's unclear if he has an attorney. The case wasn't immediately listed in Akron Municipal Court online records.




Judge blocks Ohio from stripping Planned Parenthood funding


COLUMBUS, Ohio (AP) — A judge says Ohio must continue providing certain funding to Planned Parenthood while he weighs a challenge to a state law aimed at keeping public money from going to the organization.


U.S. District Judge Michael Barrett granted a temporary restraining order Monday blocking the state from enforcing that part of the law.


The law targets money that Planned Parenthood gets through Ohio's health department. That money is mostly federal and supports initiatives that provide HIV tests, cancer screenings and other education and prevention services.

The state's law would bar such funds from going to entities that perform or promote abortions.


Planned Parenthood says Ohio's law violates their constitutional rights by denying them the funds "in retaliation for" providing abortions.


The law was slated to take effect Monday.




The Latest: Solar-Powered Plane Lands in Ohio


DAYTON, Ohio (AP) — The Latest on the most recent leg of a solar-powered airplane that has been circling the globe since March (all times local):


A solar-powered airplane has landed in Dayton, Ohio, on the latest leg of its around-the-world journey.


Solar Impulse


The Swiss-made Solar Impulse 2 landed in Dayton, Ohio, late Saturday after taking off from Tulsa International Airport before 5 a.m. The flight to Dayton International Airport took 17 hours.


The globe-circling voyage began in March 2015 from Abu Dhabi, the capital of the United Arab Emirates, and made stops in Oman, Myanmar, China and Japan.


The plane is expected to make at least one more stop in the United States — in New York — before crossing the Atlantic Ocean to Europe or northern Africa, according to the website documenting the journey.



7:30 a.m.


A solar-powered airplane that landed in Oklahoma last week is headed to Ohio on the latest leg of its around-the-world journey.


The Swiss-made Solar Impulse 2 took off from Tulsa International Airport before 5 a.m. Saturday with a destination of Dayton International Airport in Ohio. The flight was expected to take about 18 hours.


The globe-circling voyage began in March 2015 from Abu Dhabi, the capital of the United Arab Emirates, and made stops in Oman, Myanmar, China and Japan.


The plane is expected to make at least one more stop in the United States before crossing the Atlantic Ocean to Europe or northern Africa, according to the website documenting the journey.




Agency Tells Ohio Air Force Base to Stop Drinking Water Use


FAIRBORN, Ohio (AP) — The U.S. Environmental Protection Agency has told officials at an Ohio U.S. Air Force base to take a drinking water well offline after tests found high levels of a chemical used to fight fires.




The Dayton Daily News reports the EPA issued the order Friday for Wright-Patterson Air Force Base, just outside Dayton. The EPA says infants and women who are pregnant or are nursing should not drink the water. It says the water is safe for other adults to drink.


The problem was discovered after water was drawn from the wells last month. One well was previously taken offline. The base plans to distribute bottled water Saturday.


A base spokeswoman says Wright-Patterson Medical Center has been using bottled water for patients and for food preparation.




Ohio Unemployment Rate Rises to 5.2 in April

COLUMBUS, Ohio (AP) - Officials say Ohio's unemployment rate rose again in April as 13,600 jobs were lost over the month. 
Ohio Unemployment Rate
The Ohio Department of Job and Family Services said Friday that the state unemployment rate was 5.2 percent in April, up from 5.1 percent in March. February's rate was 5 percent. 
The number of workers unemployed in Ohio in April was 302,000, up 8,000 from March. The number of unemployed has increased by 15,000 compared with the same time last year. But state officials say 71,900 jobs were added over the past year despite the losses.
Month-over-month losses were seen in categories including manufacturing, professional and business services and mining and logging. The finance sector showed an increase of 4,100 jobs. 
The U.S. unemployment rate for April was 5 percent, unchanged from March.


16 Historic Sites in 12 Ohio Counties Endangered, Group Says


COLUMBUS, Ohio (AP) — A historic preservation group has named 16 historic sites across a dozen Ohio counties that it says are most endangered for reasons such as demolition, abandonment and neglect.


Trolley House


The group Preservation Ohio announced the list on Wednesday in Ohio's capital city.


The Columbus Railway Power and Light Building, the Elam Drake Farm and the Port Columbus Airport Terminal and Control Tower in Columbus are named.


The Dayton Arcade, the former Dayton Daily News building and the Gem City Ice Cream Building are named in southwest Ohio, along with the Sorg Opera House and the Dennison Hotel Building.


Sites in northeast Ohio include the Correll House and McDowell Farmhouse in North Canton, the Stone Train Depot in Ashtabula (ash-tuh-BYOO'-luh), the Madison Freight Depot and the Sammel Lyon House in Columbia Station.




Officials: 5 Animals Believed Dead in Ohio Pet Care Center Fire


AKRON, Ohio (AP) — Fire officials say five animals are believed to have died in fire at a pet care center inOhio.

Officials say firefighters responded to the Arlington Pet Care facility in Akron around 9 p.m. Tuesday.


Fire Truck


The facility offers grooming, boarding and other animal care services. Officials say two dogs, a cat and two chicks haven't been recovered. They are believed to be dead.


The Akron Beacon Journal reports the Springfield Fire Department and firefighters from Akron, Coventry Township, Green and Lakemore helped extinguish the flames, which had engulfed the building.


It's not yet known what ignited the blaze.



Lawyers for Suspect in Ohio Cop's Slaying Want Off Case


MOUNT VERNON, Ohio (AP) — Two attorneys appointed to represent a man accused of fatally shooting a central Ohio policeman are asking to withdraw from the potential death penalty case.


Police shooting


Bruce Malek and Brandon Crunkilton told the court that it's not feasible for them to continue representing Herschel Ray Jones III because of issues that have arisen. Malek told the Mount Vernon News that he wouldn't discuss specifics of those issues.


An attorney from the Ohio public defender's office also is representing Jones.


Jones is accused of shooting 34-year-old Danville Officer Thomas Cottrell. He has pleaded not guilty to aggravated murder and other charges in Knox County.


Cottrell's body was found behind the village's municipal building Jan. 17, after Jones' ex-girlfriend warned police that Jones was "looking to kill a cop."




Reward Offered in Playground Stabbing of 7-Year-Old in Ohio


DAYTON, Ohio (AP) — A reward is being offered for information leading to the arrest of a man who stabbed a 7-year-old girl on an Ohio school playground, leaving her seriously hurt.


Ohio playground Stabbing Reward


The Dayton Daily News reports that a Crime Stoppers group says the reward of up to $1,000 could increase if information leads to a conviction of the person responsible for the May 6 attack.


Dayton police are still searching for the man who fled the World of Wonder school after the attack. They say they haven't identified the suspect or a motive in the stabbing.

Police haven't publicly identified the girl, who was released from the hospital.


Dayton Public Schools board members have said they will consider upgrading surveillance cameras and are looking into installing a fence at the school.




New 'Fast & Furious' Film to Begin Filming in Cleveland


CLEVELAND (AP) — Crews are set to arrive in Cleveland to shoot car racing scenes for the next installment of the billion-dollar "Fast & Furious" move franchise.


Cleveland Skyline


Cleveland.com reports that traffic will be tied up as crews arrive next week to shoot "Fast 8" which stars Vin Diesel, Dwayne "The Rock Johnson" and Charlize Theron. It's currently being filmed in Cuba.


"Fast 8" takes place in New York City, so it's possible Cleveland will once again be playing the Big Apple on the big screen. The filming will involve cars racing downtown.


The Cleveland shoot is expected to have a significant local impact with 400 local jobs being created, business being done with 200 local companies and more than 8,200 hotel room nights booked.


"Fast 8" hits theaters next April.




Kings Island and Cedar Point Opening For The Season


MASON, Ohio (AP) — A sure sign that spring has arrived is opening day at Ohio's two major amusement parks.


Roller Coaster


Cedar Point and Kings Island open for the season at 10 a.m. Friday.


Cedar Point, in Sandusky, and Kings Island near Cincinnati are nationally known for their roller coasters and other attractions. The parks are both owned by Cedar Fair.


The water parks at both attractions open for the summer on May 28.




Ohio Man To Be Pallbearer Charged with Burglary During Funeral


SPRINGFIELD, Ohio (AP) — A man expected to be a pallbearer at a woman's funeral has been charged with burglarizing her granddaughter's home during the service in western Ohio.




Clark County court records show 19-year-old Blake Elliott was charged this week after the granddaughter told deputies he broke into her home May 3 while she was attending the funeral. Court records don't list an attorney for Elliott.


The Springfield News-Sun reports the granddaughter told investigators Elliott was supposed to be a pallbearer, but never showed up at the funeral.


Authorities say the granddaughter came home from the funeral to find that TVs, video game systems and other electronics had been taken.


Deputies say they found some of the missing property in Elliott's apartment.



18-Month-Old Ohio Boy Killed After ATV Runs Over Him Near Home


HAMERSVILLE, Ohio (AP) — Authorities say an 18-month-old boy died after he was run over by an all-terrain vehicle near his home in rural southwest Ohio.


ATV Accident


The Brown County Sheriff's Office says authorities responded to a gas station Tuesday morning about 30 miles southwest of Cincinnati in Hamersville.


WLWT-TV reports the boy had been near a barn at his home when a utility vehicle ran over him. The boy's family met first responders at the gas station, about 10 minutes from their home.


First responder Ric Dunn tells the station the boy suffered traumatic injuries to his chest and stomach. He says the boy had been bleeding, wasn't breathing, and had no pulse.

Authorities didn't say who was driving the ATV and they haven't publicly identified the child.


An investigation is underway.




Ohio Man Pleads Guilty for Throwing Dog Out 6th-Floor Window


PAINESVILLE, Ohio (AP) — A northeast Ohio man accused of throwing his dog out the window of his sixth-floor apartment has pleaded guilty to a misdemeanor charge of cruelty against a companion animal.


Court House


Twenty-three-year-old Michael Sutton entered the plea on Monday in Painesville Municipal Court.


Cleveland.com reports he waived his right to an attorney and remained jailed pending sentencing next Monday.


Police say he threw a dog out of his apartment window last week, and a worker found the animal's body in a trash compactor. Investigators identified the dog's owner as Sutton, who admitted tossing it out of the window.




Ohio Man Convicted of Carrying Out Hired Killing at Wrong House

CHARDON, Ohio (AP) - A man accused in a 2006 contract killing in which he went to the wrong house and killed someone with the same name as the intended target has been found guilty of murder and kidnapping charges.
A Geauga (jee-'AW-guh) County judge convicted 46-year-old Chad South of murder and kidnapping charges last week in the death of 31-year-old Daniel Ott in Burton Township.
A woman accused of helping South pleaded guilty Monday to involuntary manslaughter and kidnapping. Authorities say 37-year-old Mindie Stanifer accompanied South to Ott's home.
They were among five people charged criminally for their involvement in Ott's death.
Their attorneys didn't immediately return calls seeking comment Tuesday.
Authorities say a Daniel Ott was targeted in retaliation for his willingness to testify against a man involved in a stolen-car operation.


Ohio Bill Would Override Local Pet Store Regulation


COLUMBUS, Ohio (AP) â€Â" Ohio lawmakers are considering a bill with an amendment that would override local ordinances attempting to regulate pet stores.


Pet Store


The Columbus Dispatch reports that the Senate Ways and Means Committee last week put an amendment into an unrelated state tax cleanup bill that would trump such regulatory attempts by cities like Grove City.


City Council members in Grove City voted in March to only allow pet stores to purchase animals from shelters and rescue groups. The ordinance to take effect Jan. 1, 2017 blocks stores from getting animals from high-volume breeders, which critics contend are often "puppy mills" that treat animals poorly.


The bill's amendment says regulating pet stores is an issue of general Ohio interest that requires statewide regulation.

House Bill 166 could pass the Senate this week.




Auto Parts Plant in Northern Ohio Closing Around End of Year


SANDUSKY, Ohio (AP) — An auto parts plant that employs more than 300 people in northern Ohio will shut down around the end of the year.


KBI Closing


The owners of KBI in Sandusky announced the closing this past week.


The factory makes wheel bearings.


The Sandusky Register reports union leaders say they did everything they could to keep the plant open in recent years.


The plant previously had been operated by Delphi and once employed several thousand workers.




2016 Another Record-Setting Class for Ohio State


COLUMBUS, Ohio (AP) — Ohio State University is graduating its largest class on record.


Ohio State University


The university says it will award 11,235 degrees during spring commencement Sunday. The event is being held in Ohio Stadium at noon.


It's the third time in four years such a record has been set. The 2016 class surpasses a record 11,040 graduates in 2015. That figure topped the previous record of 10,642 graduates set in 2012.


The university attributes the record-sized classes to its efforts to attract top students and to work to retain them throughout their college careers. Ohio State has also added support for students as they select majors and class schedules.


The school's commencement weekend also included the commissioning of 25 ROTC cadets.




Ex-cop pleads guilty in scheme to steal up to $250K


COLUMBUS, Ohio (AP) — A longtime Ohio policeman accused of conspiring with another officer to falsely obtain search warrants and keep up to $250,000 in cash and property seized in drug investigations has pleaded guilty to federal charges under an agreement with prosecutors.




Investigators allege the Reynoldsburg officers conspired to violate people's rights against unreasonable searches and stole between $150,000 and $250,000 in seized money and property since 2006.


Forty-two-year-old Shane Mauger, of Columbus, pleaded guilty Wednesday in U.S. District Court in Columbus to conspiracy to deprive people of civil rights and federal programs theft. Each charge could bring up to 10 years in prison.


The Columbus Dispatch reports Mauger's attorney said Wednesday that Mauger wanted to do the right thing.


Authorities say Mauger's alleged co-conspirator hanged himself in jail after his arrest.




Law Enforcement Officials Honor Fallen Ohio Police Officers


LONDON, Ohio (AP) — More than 700 Ohio peace officers who have died in the line of duty since 1823 are being honored at a ceremony in western Ohio.


Ohio Fallen Police Officers Honored


Ohio Attorney General Mike DeWine, members of the Ohio Peace Officer Training Commission and law enforcement officers from across the state are honoring the fallen officers at the 29th annual Ohio Peace Officers' Memorial Ceremony in London on Thursday.


Three officers who died last year in the line of duty are receiving special recognition in the ceremony at theOhio Peace Officer Training Academy in London.


Those officers include Jefferson County Sheriff's Deputy Michael A. Brandle, Cincinnati Police Officer Sonny Kim and Ohio University Police Officer Nathan Van Oort Sr.




Driver Charged in Crash That Killed Cincinnati Firefighter


CINCINNATI (AP) — Authorities have arrested the driver involved in a crash that killed a Cincinnati firefighter on his way to work last weekend.




Police say 24-year-old Patric Tucker is charged with vehicular homicide and vehicular manslaughter in the death of 31-year-old Jordan Pieniazek (puh-NAY'-zek).


Tucker was jailed in Hamilton County pending arraignment Thursday. No attorney was listed for him.


The crash happened Sunday morning as Pieniazek was riding his motorcycle to work. Police say Tucker's vehicle crossed the center line of the road and hit Pieniazek.


Authorities have said there's no evidence that either driver was impaired, but investigators were trying to determine if distracted driving was a factor in the crash.


Pieniazek had been a member of the fire department since 2009.




Ohio Casino Closing for 2 Days, Will Reopen With New Name


CLEVELAND (AP) — Cleveland's downtown casino is closing down but for less than two days.




It's all part of the Horseshoe Casino Cleveland's transformation into Jack Cleveland Casino.


The name change comes after casino owner Rock Gaming took over operations from Caesar's Entertainment.


The Dan Gilbert-owned company Rock Gaming also changed its name to Jack Entertainment LLC.


The shutdown at Cleveland's casino will begin just after midnight on May 9 and continue until mid-afternoon on May 11.


The time will be used to transfer the internal gaming systems and finish renaming it Jack Cleveland Casino.


Jack Entertainment also is rebranding Horseshoe Casino Cincinnati and ThistleDown Racino near Cleveland.





Ohio Takes Only Small Percent of Unaccompanied Minors


CINCINNATI (AP) — Federal data shows Ohio has taken in slightly over 1 percent of more than 100,000 unaccompanied minors who fled from poverty and violence in Central America.




Federal authorities have placed the minors with sponsors around the country since fall 2013. They are expected to go to school while waiting to see if they will be allowed to stay in the United States.


Minor Yeser Escalante (YEHS'-ur ehs-cah-LAHNT'-ay) arrived in Butler County three years ago from Guatemala. He now speaks English and is grateful for his schooling.


Escalante says he hasn't encountered any major hurdles in school. But educators and migrant advocates say a rapid influx of students who don't speak English can create challenges for students and schools.


The largest concentrations of minors in Ohio are in Hamilton, Franklin and Tuscarawas counties.




Did Ohio Woman Sway Boy to Kill His Dad? Court Raises Doubts


TOLEDO, Ohio (AP) — A new court ruling in a shooting over a decade ago is raising questions about whether an Ohio woman really convinced her 10-year-old adopted son to kill his father.




A state appeals court has ordered a new trial for Judith Hawkey. She's serving a life sentence after being convicted of aggravated murder and insurance fraud in 2013.


The boy who's now an adult testified she coerced him to shoot his father and make it look like an accident back in 2003 in rural northwestern Ohio.


Hawkey's attorney says there are many inconsistencies in his story.


But prosecutors say the appeals court ruling from late March shouldn't have thrown out the testimony of three witnesses.

They want the appeals court to reconsider its ruling calling for another trial.





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