SHARON

Derr plea bargains, given 3-year sentence

The jury trial of a Sharon Little League coach, accused of molesting a 12-year-old boy he met through the baseball program last year, ended before it began with the defendant taking a plea bargain offered by the state of Ohio.

The jury pool of 40 people was sent home Monday after Leonard Derr, 36, of 1345 Heinz Ave., Sharon, pleaded guilty to only one count of gross sexual imposition, using what is called an "Alford Plea", according to his attorney, Philip Vigorito, Warren.

The Alford Plea states that in Ohio, someone can plead guilty to a charge while still maintaining his or her innocence. The guilty plea is given only to avoid possible consequences of a trial, said Vigorito.

Derr was charged last July with two counts of gross sexual imposition and one count of rape, after the victim accused Derr of assaulting him on the way to the Eastwood Mall in Niles.

Initially, Derr plea-bargained to one count of gross sexual imposition last October, but vacated his plea after new evidence came to light that had been kept from Derr and his attorney.

According to Vigorito, the semen that was subjected to DNA tests and would have been introduced as evidence against Derr was not his client’s, but prosecutors never turned over test results to the defense.

Trumbull County Common Pleas Court Judge Andrew D. Logan who sentenced Derr Monday, gave him the same sentence he did in October before Derr vacated his plea.

Derr will serve three years starting Friday, but his sentence will be about one year less due to time already served since his arrest June 10, 1999.

"I was happy for my child’s sake that he doesn’t have to testify, but I’m mad about this whole thing," said the victim’s mother. The victim’s mother said that she and her family were not given a chance to give their input. "The case was decided without our say so," she said. "I’m totally against this plea bargain."

According to Vigorito, speaking for Derr, who maintained his client’s innocence despite the plea, "This was my client’s decision. He felt there was a risk that he could spend life in prison.

"According to a new law in Ohio, there doesn’t have to be medical corroboration of an under-age sexual assault victim’s accusation," said Vigorito. "If the jury believed the victim, without any medical evidence or other witnesses, that would be enough to convict."

Vigorito compared his client’s situation to Puritan England. "Basically it’s like a modern-day witch hunt. They dunk you until you confess or drown. Mr. Derr was drowning."

Assistant county prosecutor Rodger Dixon felt that the outcome was positive. "I think it’s a good result. I’m sure the victim would be pleased. He had been willing to testify, though he didn’t relish the fact." The victim is now 13.