Published: Monday, February 12, 2007
Two rape cases reveal a gap in speed of justice
The man awaiting trial — now set for Feb. 20 — is on his fourth lawyer.
YOUNGSTOWN — Unrelated rape cases with indictments the same day nearly two years ago traveled different paths: One man has been in prison since October 2005, and the second remains in Mahoning County Jail awaiting trial.
A Mahoning County grand jury indicted William Haschenburger and Bobbie Peterson on April 14, 2005. Haschenburger faced 10 counts of raping a teenage girl; Peterson's indictment lists aggravated burglary, kidnapping, violation of a protection order and seven counts of rape. The accuser is a woman in her late 50s.
Peterson's case is assigned to Judge Jack Durkin in Mahoning County Common Pleas Court and set for trial Feb. 20. The judge, through his office, said he was not permitted to discuss a pending case.
Peterson, 53, of Niles, has been in jail since April 9, 2005, the day of the reported crimes. His bond was set at $2 million.
Accusations
He is accused of using a knife to force a woman he knows into her South Side residence when she arrived home from work, raping her repeatedly and forcing her to perform oral sex. Police reports state she was screaming and crying for him to stop.
The woman quoted Peterson as saying he "had nothing to lose and was going to do time anyway." When he left, she called 911. Police, given a description of Peterson's car, spotted it on Market Street and made the arrest.
Peterson's trial has been reset 10 times, mostly at the request of the defense. Subpoenas went out to witnesses — at least nine police officers, a nurse, the accuser and others — before each trial date, records show.
Change of lawyers
Peterson is on his fourth lawyer, Ron Yarwood, who was appointed to the case in March 2006.
"Bobbie's maintaining his innocence and wants the best defense," Yarwood said of the series of defense lawyers. The delays "had nothing to do with the court or the prosecutor's office."
Yarwood said each new lawyer on a case has to start from scratch, which can cause delays.
"I want to proceed when prepared, and sometimes that requires more investigation," Yarwood said. "You never want to be the lawyer who doesn't follow up."
Yarwood said a defendant needs to have a good working relationship with his lawyer.
With the overcrowded jail situation, trial delays get more notice, he said.
He expects the trial to go forward Feb. 20, but added "nothing surprises me."
The other case
In the Haschenburger case, meanwhile, his first lawyer and her co-counsel withdrew in July 2005, and attorney Sarah Kovoor took over the defense. The case was delayed three times. It went to trial Oct. 6, 2005.
A jury in Mahoning County Common Pleas Court found Haschenburger guilty on all rape counts, and he was sentenced to 100 years in prison by Judge R. Scott Krichbaum. Haschenburger, 48, of Niles, was admitted to the Trumbull Correctional Institution on Oct. 31, 2005.
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