Judge finds man convicted of raping YSU student didn't have ineffective counsel in trial
A judge has determined whether or not a man convicted of raping a Youngstown State University student more than 20 years ago will get a new trial.
Judge Maureen Sweeney determined that Chaz Bunch did not have ineffective counsel when Bunch's attorney decided not to call an eyewitness identification expert at the trial.
According to the filing, Bunch's defense council called two expert witnesses for testimony in support of the unreliability of eyewitness identification. One of the witnesses identified nine characteristics that she believed impair the witness's ability to identify a culprit's face. The other witness, Attorney Klobentz, testified via Zoom and stated that the DNA exclusion of Bunch and the lack of any physical evidence didn't tie him to the crime.
Klobentz said his opinion was that if an expert witness on the issue of eyewitness identification had been used, it would have provided more credence to the issue of misidentification.
The State of Ohio called Dennis DiMartino, a former attorney, to testify. DiMartino testified that the was familiar with eyewitness identification experts and said he believes that in some cases experts can neutralize the state's case. He also said he didn't believe the use of an expert would be advantageous in the case.
Background
Chaz Bunch was convicted of kidnapping, robbing and repeatedly raping a YSU student when he was 16.
The victim in the case memorized the license plate of the getaway car used by Bunch and the other suspects. The victim identified Bunch as the ring leader of her rape and robbery and a co-defendant identified him as the one in charge as well.
"Chaz Bunch wanted me dead, and by the grace of God in the final moments of the scariest, chaotic night of my life, Jamar Collier and Brandon Moore (both co-defendants of Bunch) - stopped him from pulling the trigger. Chaz's gun was actually in my mouth when Jamar pushed him away."
Bunch was sentenced to 105 years in prison before being resentenced to 49 years in 2020 after the Ohio Supreme Court ruled that the original sentence was too harsh because it's unconstitutional for a juvenile to be sentenced to what amounts to a life sentence.
