Court Rejects Castle’s Appeal

The Ohio Third District Court of Appeals upheld the conviction and sentencing of Charles Castle, the man convicted of kidnapping and raping a seven year old girl in Kenton.

Castle’s defense council for the appeals process appealed on the basis of four points or assignments of error:

1. Some jurors stated they would have great difficulty remaining impartial at the trial concerning the kidnapping, rape, and felonious assault charges

2. Two counts of rape were not merged

3. Castle’s court appointed trial attorney was ineffective for failing to object to the hearsay nature of some statements

4. The charge of rape was not supported by sufficient evidence.

Assignments of Error from Court document:

First Assignment of Error:

Where a number of jurors indicate that they would have great difficulty remaining impartial at the trial which concerns the kidnapping, rape, and felonious assault with specification and permanent serious injury, all on a 7-year-old child, the court abuses its discretion in retaining the jurors, and attempting to rehabilitate them over the objections of defense counsel.

Second Assignment of Error:

Where one victim is the subject of a kidnapping offense, the continuing course of conduct requires the court to merge the two separate convictions of kidnapping. Accordingly, the court must vacate the kidnapping convictions, and remand the action [to] the trial court for further proceeding.

Third Assignment of Error:

When the defense counsel in stipulating to voluminous medical records does not take exception to or otherwise limit the effect of the stipulation as to a statement contained in the records which was reported to the nursing staff by a parent who claims that the child advised him of discussions of a sexual act that took place with her by the defendant and said statement is not admissible under hearsay exception, the trial counsel has committed ineffective assistance of counsel in failure to object to the hearsay nature of such statement.

Fourth Assignment of Error:

The charge of rape is not supported by either sufficient evidence and/or the conviction is against the manifest weight of the Case No. 6-22-11-7-evidence, such rendering the conviction improper, and it must be vacated.

One by one, the appeals court overruled the assignments of error and affirmed the judgment of the Hardin County Court of Common Pleas.

In July of 2022, Castle was sentenced to 48 years to life in prison.

He will be 105 before he is eligible for parole.