Ravenna man gets 15 years to life for raping girl, now 4; defense question conviction

A Ravenna man may spend the rest of his life in prison for raping a now 4-year-old girl, but the defense is calling his conviction into question and plans to appeal.

Friday morning in Portage County Common Pleas Court, retired Judge John Enlow, sitting in for Judge Laurie J. Pittman, sentenced Timothy J. Perez, 23, to life in prison with a possibility of parole after 15 years.

The sentence conforms to one requested by Eric Fink, Perez's attorney. Prosecutor Mitchell Rozaieski requested life without parole.

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Enlow also found Perez to be a Tier III sex offender, which requires that he register with the sheriff of any county he lives, works or goes to school in every 90 days for life, if he's released from prison.

Perez declined to comment during the hearing.

Following a trial in January, a jury convicted Perez on all four counts in an amended grand jury indictment, including three counts of first-degree felony rape and a single count of third-degree felony gross sexual imposition.

According to the indictment, the offenses were committed when the victim was not quite 2 until the child was 3. The offenses ended in January 2023.

Perez planning to appeal

Fink was appointed to represent Perez in late February after Perez's trial attorney withdrew from the case.

During the sentencing hearing, Fink requested either acquittal for Perez or an order for a new trial. Fink alleged that Perez's Sixth Amendment rights, specifically the right to "have the assistance of counsel for his defense," were violated during his trial.

While Fink acknowledged that Perez had an attorney, he alleged his attorney failed to contest the introduction of a confession or place it into the context of Perez's diagnosis of attention deficit hyperactivity disorder and Asperger’s syndrome, a form of autism.

He characterized Perez's confession as "cooperation with law enforcement."

Fink further said that due to a lack of "corroborating" testimony from the girl and eyewitnesses, the evidence against Perez "boiled down" to the confession and testimony by a prosecution expert witness concerning changes in the girl's behavior indicating the possibility of sexual abuse.

"Which, from a 3-year-old, could have alternative explanations," said Fink.

After Enlow denied both of Fink's requests, Fink said he would file a notice of appeal in the Ohio 11th District Court of Appeals.

He said after that, he will withdraw from the case. Enlow determined that Perez is "indigent" and, therefore, a new attorney would be appointed to represent him during the appeal.

Was a 'father figure'

Before Enlow sentenced Perez, the girl's mother and great-grandmother spoke.

Both said that while the girl seems to be doing better, she experienced some significant behavior changes.

"Everything you did destroyed her. She cries at the littlest things," the mother said before adding, "You need some serious help because you have something seriously wrong with you."

The girl's great-grandmother said that prior to Perez coming into her life, the girl had been much different.

"From birth, she had always been a very happy, silly, confident, well-adjusted child," she said.

But then, her great-granddaughter became nervous, even fearful, and was having "meltdowns" and bad dreams.

"She avoided going near [Perez]," she said. "She trembled in fear and became hysterical when he used the term 'come on, beautiful' when it was time to go home."

She requested that in addition to the "maximum sentence" that Enlow "deems fit," he order that Perez undergo counseling and take any medications he may be prescribed.

Rozaieski, the prosecutor, said Perez gained the girl's trust by becoming a "father figure."

"What the defendant did to this child is, for lack of better words, inexcusable and abhorrent," he said.

Rozaieski also said that the expert witness, who specializes in child abuse, including sexual abuse, testified that the girl's behavior raised "red flags."

"She became more anxious, reserved and volatile emotionally," he said.

Rozaieski also said that it was reported that the girl exhibited disturbing sexual-type behaviors towards herself and the family dog.

"These are behaviors consistent with child sexual abuse," he said.

In arguing for 15 years to life, Fink said Perez has no prior criminal history, his conviction was based largely on the allegedly questionable confession, that he is young and still has a future, has no intention of having contact with the girl in the future and understands the seriousness of the situation he is in.

Fink also said Perez has been undergoing counseling and is taking a prescription antidepressant.

Reporter Jeff Saunders can be reached at jsaunders@recordpub.com.

This article originally appeared on Record-Courier: Ravenna man gets prison for raping girl; attorney challenges confession