Thu Sep 02 2010
by Tim Troglen
Reporter
Maple Heights -- It took a jury less than a day to return with a not guilty verdict that, for the second time since 1987, exonerated a North Boulevard man after he had been accused of rape.
According to court records, Donte L. Booker, 40, was found not guilty Jan. 25 in the reported rape and kidnapping of a 12-year-old girl.
Neither Booker nor his attorney, Eric Norton, returned calls for comment.
Assistant Cuyahoga County Prosecutor Mark Schneider said the prosecution felt there was enough evidence, including DNA, "compelling testimony" from the alleged victim and others.
"And while we disagree with the jury's decision, we appreciate the jury," Schneider said.
And according to Ryan Miday, a spokesperson from the Cuyahoga County Prosecutor's Office, there will be no appeal.
Booker was indicted in 2006 by a county grand jury on felony charges of rape, kidnapping and gross sexual imposition involving a Maple Heights girl.
Booker was arrested by Maple Heights police Dec. 5, 2005, after, according to police, a Maple Heights woman alleged Booker sexually assaulted her 12-year-old daughter.
His attorney at the time, Wendle Scott Ramsey, said, "Donte maintains his unequivocal innocence in this matter and he is eager to go to trial to prove his innocence."
This was Booker's second rape trial.
According to Ramsey, prior to his arrest in 2005, Booker was cleared of a 1987 rape conviction that landed him in jail for 17 years.
While in prison, Booker requested a DNA test that proved he did not rape a Beachwood woman, said Ramsey.
The county court overturned the 1987 conviction in February 2005, according to court records.
According to Ramsey, Booker sued the state of Ohio for false imprisonment in the Ohio Court of Claims and won a $618,000 judgment in 2005.
E-mail: TTroglen@recordpub.com
Phone: 330-688-0088 ext. 3165
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