Acquittal sparks disorder in court

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'All I did was love those kids like they were my own,' the defendant said.

By ED RUNYAN

VINDICATOR TRUMBULL STAFF

WARREN — Trumbull County Courthouse deputies quickly subdued a Youngstown man now facing a charge after an attempted attack on John H. Herrick after Herrick's acquittal on charges that he raped the man's daughter.

A Taser was used to shock the charging man and bring him to the floor.

Deputy Nick Timko said he could see that Mike Sause was beginning to tense up Friday morning as Judge Andrew Logan read the four "not guilty" verdicts. He was prepared when Sause got up from his seat and began to charge toward Herrick.

As one deputy attempted to block Sause, Timko used the Taser, which brought Sause to the floor within seconds, and he was handcuffed.

Sause, 36, of New Bern Circle, was charged with inducing panic, a misdemeanor.

The victim, who sat a row behind her father, also began to wail and cry as her father was subdued.

Security had been increased

It was the second time in about 10 weeks that a chaotic situation had occurred in the courthouse. The last time, on Nov. 15, 2006, two men repeatedly assaulted Jason Howard of Liberty as he waited for a hearing in the courtroom of Judge John M. Stuard. Courthouse security was increased after that episode.

Ernie Cook, sheriff's chief deputy, said it was fortunate that deputies had Tasers available, having just acquired them about two weeks ago. Judge Logan, Cook said, commended the deputies for handling the episode so quickly and effectively.

Friday's eruption came at the end of a weeklong rape trial. Sause's 15-year-old daughter had accused Herrick of committing a variety of sexual offenses against her from the time she was 8 years old up until late 2004, when she was 13. She told her stepmother about the abuse in early 2005.

She lived with her mother and Herrick in Girard from the time she was just a few years old. Herrick's attorney, Dennis DiMartino of Boardman, told jurors he suspected the girl made up the rape accusations because she wanted to live with her father in Youngstown.

Charges

Prosecutors charged Herrick with four counts of rape, two of which could have brought life sentences with parole eligibility after 10 years. Prosecutor Diane Barber told jurors that four charges were brought because the girl could remember the details best on those episodes because they occurred on her birthday, New Year's Eve and near family members' birthdays.

Judge Logan cleared the courtroom for a short time while Sause was taken across the street to the county jail.

The jurors later returned to the courtroom so that the remainder of the verdict could be read, and so Judge Logan could thank them for their service.

Afterward, Herrick, a factory worker, said he suspected someone might be coming after him. He discussed with his attorney getting a protection order against Sause.

"All I did was love those kids like they were my own. And to do this to me — the truth came out in the end," Herrick said.

He added that the stress from going on trial has caused him to lose 60 pounds, lose friends and lose sleep and possibly led to diabetes.

DiMartino said he thinks it was difficult for the jury to believe an accusation that a girl would have been sexually assaulted on a nearly daily basis for so many years with her not telling "a peep to anybody."

He added that the girl had also not indicated to anyone that she hated Herrick, who was her mother's boyfriend, and had acknowledged on the witness stand that she had loved him and shown affection for him at various times.

Saturday, February 3, 2007