Appeals court upholds 2020 rape conviction of Marion man
A Marion man convicted of raping a child will remain in prison after a state appeals court upheld his conviction earlier this month.
Rodney D. Fulton, age 63, Marion, was sentenced to 41 years to life in prison on Thursday, Sept. 3, 2020, in Marion County Common Pleas Court after a jury returned a guilty verdict on the following charges: two counts of rape, both first-degree felonies; abduction, a second-degree felony; gross sexual imposition, a third-degree felony; and sexual battery, a third-degree felony.
According to the Ohio Department of Rehabilitation and Correction, Fulton is serving his sentence at the Noble Correctional Institution near Caldwell in Noble County. He is not eligible for parole until July 18, 2061.
Fulton was accused of raping and abusing a 10-year-old child in 2018 and was arrested in February 2019. Marion County Prosecutor Ray Grogan said investigators believe Fulton raped and abused the child several times between February and December of 2018. He said the child visited Fulton at his residence in Marion with a relative, who was romantically involved with Fulton.
In a ruling issued Dec. 5, 2022, the Third District Court of Appeals affirmed Fulton's conviction in common pleas court. The court stated in the ruling that it "found no error" in Marion County Common Pleas Court's handling of the case. Judge Warren T. Edwards presided over the case.
Legal counsel representing Fulton alleged that the "trial court erred by refusing to allow [Fulton] to ask, on cross-examination, whether [Fulton] reacted to the deputy’s allegation of sexual abuse by exclaiming 'Oh, my God. Give me a DNA test'" and that it was prejudicial against Fulton. Fulton's attorney also noted in the appeal that the "trial court’s findings clearly and convincingly do not support consecutive sentences."
In regard to the first allegation by Fulton's counsel, the appeals court noted that "no prejudice resulted from the trial court’s ruling." Regarding the second allegation by the defense, the appeals court stated that it found "no error in the trial court’s determination that consecutive sentences were necessary to protect the public and punish the offender for the multiple offenses."
"Once again, it was the victim’s courage in coming forward that allowed for this result. Fulton should spend the rest of his days behind bars,” Marion County Prosecutor Ray Grogan said in a press release. "I would like to thank the Marion County Sheriff's Office Marion,OH, the Ashland Police Division, the staff at OhioHealth Mansfield Hospital, and Ohio Attorney General Dave Yost's office for their work on this case."
In the sentencing memorandum prosecutors presented to the judge in 2020, former Marion County Assistant Prosecutor Bailey Higgins wrote that the victim "endured what no child should ever have to endure. The physical harm which resulted from numerous sexual encounters, was noted in her medical records as trauma. The psychological harm (the victim) suffered and will continue to suffer is immeasurable."
Higgins also stated in the memorandum that, in the opinion of prosecutors, Fulton "has given no indication that he has remorse for his conduct that led to these offense(s)."
Email: ecarter@gannett.com | Twitter: @AndrewACCarter
This article originally appeared on Marion Star: Appeals court upholds conviction of Marion man convicted of rape
