Fremont man faces rape charges
Police: Oak Harbor assaults took place in 1980s
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Clayton Russell is escorted out of Ottawa County Common Pleas Court in Port Clinton. (ASSOCIATED PRESS) |
By KATE GIAMMARISE
Blade Staff Writer
The Toledo Blade
February 6, 2008
PORT CLINTON - A Fremont man pleaded not guilty yesterday in Ottawa County Common Pleas Court to 48 counts of raping a young girl in the early 1980s.
Clayton E. Russell, 70, of Fremont, admitted committing the acts, according to an Oak Harbor Police Department report. The rapes of which he is accused occurred in Oak Harbor.
He told police "he is an ordained Baptist minister and would not think about doing the things he did in the past," according to the police report.
He was indicted last week by an Ottawa County grand jury and then arrested.
At his initial appearance and arraignment in Common Pleas Court yesterday, he did not speak. During the brief appearance, his attorney, Michael O'Shea, entered not-guilty pleas to all counts.
Despite requests from the defense, Judge Paul C. Moon granted the prosecution's motion for a $100,000 cash bond. Mr. Russell continued to be held in the county jail last night. He also was ordered to stay away from the victim.
His attorney argued that Mr. Russell was not a flight risk because he serves as guardian for his wife, who lives in a Fremont nursing home. Additionally, Mr. Russell owns a home in Fremont and is a minister, his attorney said.
However, Mr. Russell does not minister at a church and his attorney could provide no additional information about his ministry activities, other than to say they happen outside of a church setting. Mr. O'Shea declined to comment further after the court appearance, saying it was too early in the case for him to say anything.
Lorrain Croy, a county assistant prosecutor, requested the high bond because Mr. Russell previously left the state, reportedly because of questioning by law enforcement.
Mr. Russell's 1985 move to Florida was "in direct response to his conversation with law enforcement," Ms. Croy said.
The victim, who is now nearly 30 years old, did not appear to be in court yesterday. According to police documents, she lived in Oak Harbor in the 1980s, but no longer lives in Ohio.
Though the accusations of rape occurred in the early 1980s, it is still possible to prosecute for several reasons, county Prosecutor Mark Mulligan said. The statute of limitations on a crime against a child doesn't start to run until the child turns 18, Mr. Mulligan said.
In the 1990s, the statute of limitations was extended to 20 years from the time the juvenile turns 18.
Additionally, Mr. Russell was living in Florida for several years, during which time the statute of limitations was suspended.
According to court documents, the Ottawa County Sheriff's Office and Ottawa County Department of Human Services investigated the accusations against Mr. Russell in 1985. No charges were filed then, according to Mr. Mulligan. "A recent investigation was able to produce more evidence, which led to the charges," he said.
The victim initiated a new investigation last year after coming in contact with Mr. Russell.
If convicted, Mr. Russell could face up to 480 years in prison.
Judge Moon set a March 10 pretrial hearing.
Contact Kate Giammarise at:
kgiammarise@theblade.com
or 419-724-6133.
http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20080206/NEWS02/802060419/-1/NEWS
See also: Man indicted in rape for 1982-85 incidents, Toledo Blade, 2/4/2008 (photo)