Five of 14 Sex Abuse Charges Dismissed in Freeland Trial

By Jona Ison
Chillicothe Gazette
September 21, 2012

http://www.chillicothegazette.com/article/20120921/NEWS01/209210302?nclick_check=1


CHILLICOTHE -- After a judge dismissed five of 14 sexual abuse charges against a Washington Court House man, the jury began deliberating on the remaining charges on Thursday afternoon.

Gary W. Freeland, 61, took the stand on Thursday in Ross County Common Pleas Court, offering a "No, sir" to every direct question about sexual conduct alleged to have happened in 1994 and 1995. The testimony came after Freeland's attorney, Jim Boulger, started the day with a motion to dismiss charges.

Judge Jhan Corzine dismissed the charges after determining the state had failed to provide evidence to back up their elements. The dismissed charges included a rape that was alleged to have happened in a basement bathroom at Tabernacle Baptist Church.

Corzine also dismissed two counts of gross sexual imposition and one count of felonious sexual penetration concerning Freeland's former stepdaughter, because no testimony was offered on those charges.

Corzine also agreed to dismiss one count of gross sexual imposition concerning Freeland's former stepson, who had testified Freeland had grabbed his penis while restraining him.

Freeland and one of his biological sons, Nathan Freeland, offered testimony on Thursday that the former stepson, while they lived in Chillicothe, often was restrained to prevent him from harming himself and others.

The jury, which was released at 6 p.m. Thursday, will continue deliberating on the remaining charges at 9 a.m. today. The remaining charges are: four counts of rape, two counts of felonious sexual penetration, and three counts of gross sexual imposition.

Gary Freeland also testified on Thursday that the stepchildren had been old enough to bathe themselves when he married their mother in 1994, but that he had assisted in checking to ensure the shampoo was all washed out.

As for the boy he tutored, Freeland testified the sessions always took place in the home and the mother wasn't there between 15 and 20 percent of the time, but a housekeeper was there.

Under cross examination by Associate Assistant Attorney General Marianne Hemmeter, Freeland reviewed his original statement where he never mentioned a housekeeper and said they were often alone. He also testified that the divorce from his stepchildren's mother was on fairly amicable terms.

At no point during the defense's case did Boulger present information alluded to in opening statements about the ex-wife being interested in an inheritance. He also never called the Rev. Steve Schmidt to the stand to discuss any threats made by the family of the boy Freeland tutored.

However, he did call the Rev. Joseph Duvall, now a district superintendent for Churches of Christ in Christian Union, who was the pastor at the Freelands church in Washington Court House.

Duvall testified he believes Freeland is a truthful person and also offered testimony that he once prayed with the former stepson, who had troubles sleeping. He said the boy's mother had brought him to speak to the pastor, but he said there were no problems.

Closing statements from Hemmeter and co-counsel Jennifer Brumby alleged Freeland chose his three victims because they often were alone.

"The truth is this man abused three children that were left alone and were vulnerable," Brumby told the jury.

Boulger, however, attacked the discrepancies between statements made at trial and those made to law enforcement, some up to five years ago.

"If you told them the truth, would you forget about it when testifying under oath? ...You don't forget stuff like that unless you make it up," Boulger said.

Hemmeter offered rebuttal, calling Freeland the fox in the henhouse. She said he specifically targeted children whose parents were often away and had issues, pointing to Freeland's testimony that he was aware of issues his stepchildren had prior to marriage. He also said that issues with the stepson had resolved by time they moved to ' County.

"Don't blame these kids for who they were and where they were because they were raised on dysfunction junction," Hemmeter said.

She also asked the jury not to blame them because it took a long time for the case to come to prosecution.

She also offered that the inconsistencies show that they were being truthful, otherwise it would indicate coaching and memorization. Hemmeter also said that the evidence shows there was no collusion, as Boulger had suggested, but that the stepchildren had come forward after an accidental revelation to a sibling that was shared with their mother. Meanwhile, the boy who was tutored came forward, according to testimony, after living alone at the family home for several months, she said.