Mentally retarded man has charge dismissed
By MARK LAW, Staff writerSTEUBENVILLE - Rape and gross sexual imposition charges were dismissed Friday in Jefferson County Common Pleas Court against a mentally retarded man who allegedly raped an 8-year-old autistic boy.
County Assistant Prosecutor Michael Calabria made the motion to dismiss the charges against Rodney R. Hudson, 32, of North Royalton after Common Pleas Judge David Henderson ruled the prosecution couldn't use Hudson's confession to county sheriff's deputies.
Hudson was charged with engaging in sexual conduct with the boy at a home on township Road 289, Salineville, between January 2008 and April 2008.
Hudson, who was indicted in July 2008, faced a possible prison sentence of 15 years to life.
Henderson held a hearing on a request by defense attorney Steven Stickles to suppress the statement Hudson gave to sheriff's deputies.
At the hearing, two doctors testified that Hudson suffers from mild to moderate mental retardation that grossly impairs his judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life. The doctors did state the Hudson was competent to assist in his own defense.
Sheriff's deputies explained to Hudson his Miranda rights prior to questioning and Hudson said he understood each of his rights. Upon further questioning, Hudson said he was a "slow learner" and deputies took extra time in explaining the questions about the alleged rape.
Hudson did have prior run-ins with the law in Carroll County and his Miranda rights also were explained to him at the time.
Henderson ruled that Hudson did not fully comprehend and understand his Miranda rights and thus did not give a knowing, voluntary and intelligent waiver of those rights.
Calabria said the dismissal of the charges will give the prosecutor's office time to "step back and re-evaluate the evidence."
Stickles told the judge that he explained to Hudson the charges could be refiled by the prosecutor's office at a later date.
(Law can be contacted at mlaw@heraldstaronline.com.)
