Diaz
An appeals court has reversed a Bowling Green man’s rape conviction.
A jury in May 2023 found Kenton Diaz guilty of rape, a first-degree felony, after a three-day trial.
The next month, Wood County Common Pleas Judge Molly Mack sentenced Diaz to a minimum of nine years in the Ohio Department of Rehabilitation and Correction with a maximum of 13.5 years.
He appealed the sentence, arguing the trail court abused its discretion when it ruled the testimony of the alleged victim that she found his name of sex offender website was admissible.
On Jan. 27, 2022, Diaz met a woman at a Bowling Green bar. After they left, they began messaging on a social media site, which culminated in the woman inviting Diaz to her apartment, according to court documents.
On Jan. 28, 2022, the two engaged in what began as consensual sex but the woman alleged that during the encounter, Diaz engaged in an alternate sexual activity in defiance of her repeated refusal.
She reported the alleged rape eight days later after she found Diaz on a sex offender website, according to the documents.
Diaz argued that the woman’s testimony that she saw his name on a sex offender website was not relevant to the issue of whether the sexual encounter was consensual.
Approximately one month before trial, Diaz filed a motion requesting that during cross examination the woman be asked why she delayed her report of the alleged rape without introducing evidence of his prior convictions or sex registration. The court denied the motion and stated, “it would not preclude the state from offering evidence why (the woman) decided to report the alleged offense after an eight-day delay.”
The Ohio Supreme Court has recognized the existence of prior offenses should not be revealed to a jury unless specifically permitted under statute.
“The revelation that Diaz was on a sex offender website was highly inflammatory, particularly because he was on trial for a sex-related offense. … The knowledge that Diaz was on a sex offender website invited the jury to convict him based on his propensity to commit sex offenses, which is precisely what the rules … seek to prohibit,” according to the appeals court.
The court ruled the trial court abused its discretion in allowing the woman to testify that she saw Diaz on a sex offender website over his objection.
Upon its review, the appeals court ruled the evidence of guilt was not overwhelming: There was no eye witness, forensic evidence or confession to support Diaz’s guilt.
“Thus, we cannot say beyond a reasonable doubt that the jury would have convicted Diaz had they not heard that he was on a sex offender website,” according to the appeals court, which ruled a new trial was warranted.
Diaz, 24, was transported from North Central Correctional Complex, Marion, to Mack’s courtroom on Sept. 16.
He shall remain in the Wood County Jail until his next court appearance unless he posts a $20,000 bond, no 10%.
As of Saturday, he remained incarcerated.
A pretrial hearing was scheduled for Oct. 31.
