`Citing DNA evidence, Derr seeks plea change`

By Erin Remai
Herald Staff Writer

A Sharon man sentenced to 3 years in prison for sexually assaulting a 12-year-old boy wants to change his guilty plea.

Philip Vigorito, attorney for Leonard Derr, 35, of 1345 Heinz Ave., filed a motion to withdraw his client’s plea late last week and presented oral arguments before Trumbull County Common Pleas Court Judge Andrew D. Logan on Tuesday.

Vigorito said DNA tests showed semen that would have been introduced as evidence against Derr was not his client’s. Vigorito said county prosecutors knew the results of the DNA testing but did not release them to the defense.

Derr, a former Little League manager, pleaded guilty to a charge of gross sexual imposition Oct. 6 as a part of a plea bargain with Trumbull County prosecutors. Derr was charged with allegedly molesting a boy he met through the baseball program.

Derr was initially charged with two counts of gross sexual imposition and one count of rape; the rape charge and the gross sexual imposition charge were later dropped. Derr was sentenced to three years in prison and five years of post-release parole by Logan on Dec. 7

Vigorito said it was later discovered that DNA test results showed Derr was not the source of semen collected as evidence and that prosecutors held the test results without releasing them. “They said they didn’t have them when they did,” Vigorito said.

Vigorito said additional evidence may be taken and it’s up to the judge to make a final ruling. If the motion is granted Derr will be released and the case re-opened, he said. Trumbull County Prosecutors were unavailable for comment on Thursday.

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