Judge allows bond for Giannini after hearing
A Criminal Court judge set a $40,000 bond for Mark Giannini on Friday morning after two days of testimony regarding whether he violated his probation when he was charged with aggravated statutory rape involving a teenager.
“I don’t think that the state has established that it is a violation based upon the facts that I have here, so I am going to dismiss the state’s petition,” Criminal Court Judge W. Mark Ward said during a probation hearing Friday. Ward issued his decision after two days of testimony including the 17-yearold victim, her mother and Giannini taking the stand.
Even though Giannini, 52, could have posted bond as early as Friday afternoon, he will still have to wear an ankle monitor as part of the terms of his probation in the case that stems from his April arrest on the rape charge for his sexual relationship with a 17-year-old girl.
Prosecutors argued during the hearing that began Thursday that Giannini’s probation should be revoked based on his new arrest.
During the hearing, the 17-year-old victim told the court that she accepted money from Giannini after she met him last December through Seeking Arrangements, an online dating website, that she went on to find a mentor to help her with her many business endeavors.
The girl said she never told Giannini that she was 17-years-old and lied about her age on the website and on her Facebook page. She also said he never asked her age.
Prosecutor: Giannini was ‘reckless’ with the girl
Shelby County assistant district attorney Carrie Shelton argued Friday that Giannini’s behavior was “reckless” because he did not take steps to verify the girl’s age.
“He had information this person was a child and he didn’t take steps to verify that she was a child,” Shelton said.
Shelton argued that Giannini should have asked the girl for her driver’s license and that he violated his probation by pursing a relationship with a minor.
Giannini’s attorney, Steve Farese said it was unreasonable for his client to ask the teen for proof of her age.
“Certainly we don’t do that in a free country. Certainly we don’t do that when engaging in relationships and he (the judge) saw through that,” Farese said. “She certainly didn’t appear to be a 17-year-old but that’s from my perspective and I think from the judge’s perspective also.”
Farese said the state charges against Giannini still stand and federal authorities may also seek to file charges against his client.
“It is our understanding that the Feds are looking at the case, and of course they can indict a can of corn if they want too,” Farese said. “It is no secret that nobody likes our client but we will deal with that too.”
Giannini was acquitted last year of raping a woman in 2014 at his Eads home in East Shelby County. He also was indicted on charges of raping two other women: a 19-year-old in 2002, and a 23-year-old in 2013. Those cases are pending.
He was sentenced to four years, which included the two years he’d already served and two years probation.