Judge Takes Motion Filed by Clapsaddle’s Attorney Under Advisement

A hearing was held this morning in Hardin County Common Pleas Court on a motion filed by the defense attorney for Dustin Clapsaddle to have the jury’s verdict reversed or a new trial granted.

Clapsaddle was convicted on charges of rape, sexual battery, gross sexual imposition and kidnapping following a four day trial in late June.

Attorney Terry Hord claimed that irregularities in the proceedings and other factors prevented his client from getting a fair trial.

In court this morning, Hord claimed that inconsistencies in the testimony of who he called the alleged victim in the case and other evidence failed to meet the burden to prove guilt beyond a reasonable doubt.

Assistant Hardin County Prosecutor Siobhonne Ward argued that the court has already ruled that the evidence warranted sending the case to the jury and asked that the motion be dismissed.

Hord failed to file affidavits from witnesses pertaining to another section of the law he was citing.

Judge Steve Christopher told Hord since he is the one who filed the motion, he should have been prepared.

Hord admitted that affidavits are required, by he said that people under oath have testified and their sworn testimonies are sufficient to proceed with that section of the law.

Judge Christopher took the matter under advisement and will issue a written ruling in the next couple of weeks.

In the meantime, Clapsaddle was scheduled to be sentenced on Monday August 5, but that has been rescheduled for Tuesday August 27 at 1pm.