Dayton Daily News

Miami country rape case ends in mistrial

Judge says reports influenced jurors; new trial scheduled.

- By Nancy Bowman Contributi­ng Writer Contact this contributi­ng writer at nancykburr@aol. com.

— A mistrial was TROY declared today in the Miami County rape trial of a convicted sex offender after jurors were questioned indi- vidually about seeing media reports on the case.

The reports mentioned the prior conviction and the registered sex offender status of Charles Hiser, 37, of Troy, who faces eight felony indictment­s of rape involving a minor. Lawyers in the case were not allowed to mention that conviction during trial through a pretrial ruling by Judge William Wolff Jr.

A new trial was sched- uled later Thursday morning to begin Wednesday. Wolff denied a motion to reduce Hiser’s $550,000 bail.

“At this time we feel the jury is simply not of the mind that the court, counsel can be satisfied that each and every one on this jury can be fair and impartial and disregard the out-of-court publicity about this case,” Wolff told the jurors before sending them home.

“We no longer have the ability to have an impartial jury,” public defender Steve Layman said in asking the court for a mistrial.

Janna Parker, an assistant county prosecutor, said prosecutor­s could not argue against the motion.

Hiser pleaded not guilty to two charges alleging sexual contact with a person under age 10 and six counts alleging sexual contact and sexual conduct with a person under age 13 between February 2012 and late 2016 in Piqua and Troy.

Jurors heard testimony Tuesday and Wednesday. This morning, along with Parker and defense lawyers, Layman and Steve King met with each juror in private discussion­s.

Jurors were instructed at the beginning of the trial to not view or read any informatio­n concerning a case. Comments in court following the juror questionin­g indicated at least three jurors saw or heard about the reports.

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