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DEFENDANT TIMOTHY Poling, with help from his attorney, David Per Due, attempts to shield himself from the photographer Thursday before the continuation of Poling's trial on rape and gross sexual imposition charges in Common Pleas Court.
BILL WEST


BILL WEST / Star Beacon DEFENDANT TIMOTHY Poling follows his attorney David Per Due into the courtroom Thursday for the continuation of Poling's trial on rape and gross sexual imposition charges in Common Pleas Court. Judge Ronald Vettel is presiding over the trial.
Star Beacon


Published October 09, 2008 10:20 pm - Two medical experts from the Tri-County Child Advocacy Center in Youngstown spent several hours testifying for the state Thursday in the Timothy Poling rape trial, with one expert saying it is doubtful the alleged victim lied.

Medical expert doubts girl lied about rape
Experts talked with suspected victim at Youngstown center

By DORIS COOK - Staff Writer

JEFFERSON — Two medical experts from the Tri-County Child Advocacy Center in Youngstown spent several hours testifying for the state Thursday in the Timothy Poling rape trial, with one expert saying it is doubtful the alleged victim lied.

The primary witnesses were Dr. Paul McPherson, the center’s medical director since 2007, and Janet Gorsuch, , a TCCAC nurse practitioner.

Both testified that Poling was identified as the accused molester after hearing the 11-year-old girl’s statements taken on Dec. 5, 2005. According to Gorsuch’s report, the child allegedly was molested sexually from April 2003 to November 2005.

The girl is the granddaughter of Poling’s live-in girlfriend, Debbie Cunningham. The girl would visit the Cunningham-Poling home in Pierpont Township at least once a month on weekends during those three years.

Poling, 40, of Dorset Township is charged with two counts of rape and 25 counts of gross sexual imposition.

Thursday’s court session was long, ending at 5 p.m. There were frequent jury recesses to settle legal motions between attorneys for both sides. Only a few people were in the gallery, including the girl’s mother.

Assistant county prosecutors Margaret Draper and Gene Barrett represent the state in the criminal trial. The defendant is represented by attorney David Per Due of Madison.

County Sheriff’s Deputy Michael Rose with the Ashtabula County Children Services Board testified he conducted the initial criminal investigation. Rose said because of the one-month delay in reporting the sex crimes, there was no DNA evidence linking Poling to them.

Per Due did not cross-examine Rose.

The prosecutors rested their case following Rose’s testimony.

After excusing the jury, presiding Common Pleas Court Judge Ronald Vettel heard arguments from Draper and Per Due over several prosecution exhibits to be submitted. Vettel finally allowed only Gorsuch’s report to be submitted as a court exhibit for any appeals purposes.

The trial continues at 1 p.m. today with more defense witnesses expected to testify.

During Thursday’s proceedings, McPherson and Gorsuch spoke extensively of their expert credentials along with services available at the advocacy center for children physically and sexually abused, from newborns to 18 years.

McPherson is also a pediatrician for Akron Children’s Hospital. He testified of having reviewed the medical history and statements the girl gave to Gorsuch. The child’s mother, Chastity Eichele, had been referred to the center by Ashtabula County Children Services officials, McPherson said.

Asked by Draper whether a child of 4, 5 or 6 years of age can remember dates well, McPherson told the jury that it all depends on the child’s cognitive development.



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