State v. Newton

EILEEN A. GALLAGHER, A.J.:

{¶ 1} Plaintiff-appellant the state of Ohio ("State") has appealed from the Cuyahoga County Common Pleas Court's judgment dismissing the case against defendant-appellee, Mark Newton. We affirm.

Introduction

{¶ 2} On September 12, 2016, Newton was indicted for two counts of rape, two counts of gross sexual imposition, two counts of kidnapping and two counts of sexual battery. The case proceeded to a bench trial and during the testimony of the alleged victim, J.E., it was revealed that the investigating detective assigned to the case, Jessica Page, had lost or destroyed…