A judge has denied Dustin Clapsaddle’s request for a new trial.
In his written ruling filed Wednesday in Hardin County Common Pleas Court, Judge Steve Christopher ruled that the defense team failed to meet the burden of proof that the victim in the case lied under oath at a hearing that was held prior to the start of the trial in June.
The defense attorneys claimed the victim perjured herself when she said a website she belongs to did not show her engaged in sexually explicit activity.
They claimed at an August 27 hearing the victim lied and presented two witnesses who say they found videos on the website to prove their case.
However, in his ruling, Judge Christopher stated that two of the videos were never displayed or played in Court, and the other, which conflicted with testimony of the victim, were posted to the site after the date of the hearing on June 25.
For those reasons, the defendant’s motion for a new trial was denied.
Clapsaddle was convicted on one count each of rape, sexual battery, gross sexual imposition, and kidnapping following a four-day jury trial last month.
A sentencing date will now be set.
Written by: WKTN Staff
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