Stark County man convicted in 2018 rape, kidnapping case granted new trial

CANTON – A Stark County man convicted of rape and kidnapping in 2018 will get a new trial because the victim was allowed to sit at the prosecutor's table during his original trial, the Ohio Supreme Court said in a decision released Thursday.

The court, in a 4-3 decision, ruled that the move violated 36-year-old Theodis Montgomery's right to a fair trial.

Montgomery, of Canton, was sentenced to 10 years in prison by Stark County Common Pleas Judge Chryssa Hartnett.

His tattorney objected when the victim was permitted to sit at the table throughout the three-day trial. But Hartnett explained to all parties that she intended to research the issue to make sure everyone’s rights were being attended to avoid the creation of prejudice on either side. The subject, according to court records, was not revisited.

Supreme Court Justice Melody Stewart, writing for the majority opinion, said having the victim at the prosecutor's table was a "structural error," could be misleading for the jury and eroded Montgomery's presumption of innocence.

Justice Sharon L. Kennedy, in a dissenting opinion, agreed that the victim should not have been permitted to sit at the table, but said it wasn't clear how the decision improperly influenced the jury, and the verdict should remain.

The Stark County Prosecutor's Office and attorney Aaron Kovalchik, who filed the appeal on behalf of Montgomery, couldn't be reached for comment.

Montgomery was accused of sexually assaulting the woman in March 2018 at a home in northeast Canton. He has maintained that he is innocent and that he had consensual sex with the woman.

Reach Cassandra cnist@gannett.com; Follow on Twitter @Cassienist