Medical expert doubts girl lied about rape

By DORIS COOK - Staff Writer

October 09, 2008 10:23 pm

— 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.
The doctor contends a child under 6 or 7 years may be able to talk about “events happening” but cannot always provide specific dates.
“As adults, we can recall details better,” he said.
McPherson told the jury that the vast majority of sexually abused children will delay disclosing to anyone what occurred. They could be ashamed or even fearful, he said.
Under cross-examination, Per Due asked McPherson whether children make up things to get attention or even lie. McPherson said sometimes they do but disagreed in this case that the girl has lied.
Referring to Gorsuch’s report, McPherson detailed that Poling used “grooming techniques” to gain trust of the girl. The defendant played games or would think up tricks, the girl told Gorsuch.
Gorsuch testified the center uses a team approach in interviewing abused children, so as to not subject the children to repeating their statements over and over to multiple staff members.
Gorsuch related she personally took the girl’s medical history, conducted the child’s physical examination and took more statements from both the child and her mother.
Poling is referred to as “Grandpa Tim” by the girl in Gorsuch’s report.
Gorsuch testified the physical exam findings were “consistent with sexual abuse,” although no vaginal penetration was apparent.
Per Due’s first defense witness was Janet Persichetti of Sevierville, Tenn., a former girlfriend of Debbie Cunningham’s son, Neil, the girl’s father. Persichetti said she was a friend of Poling and Cunningham from 2002 to 2005. She spoke of having visited frequently their Pierpont Township home with her now-13-year-old daughter, Jenna Williams, who also testified.
Persichetti testified she never saw Poling touch the girl or her daughter improperly. Persichetti and her daughter moved to Tennessee in 2007.
A third defense witness was Cheryl Scruton, former teacher at Cranesville Christian Academy in Cranesville, Pa., who was the alleged victim’s teacher in the first and second grades. Scruton described the girl as “friendly and got good grades.” The girl sometimes needed more attention than the other students, she said.

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