Five days into Sean Mullins' rape trial, he pleads guilty to two counts of sexual battery
Five days into his trial, Sean Mullins pleaded guilty to two counts of sexual battery.
The 49-year-old also had been charged with two counts of rape. In exchange for his plea Friday, the state dismissed those counts.
Richland County Common Pleas Judge Brent Robinson went ahead and sentenced Mullins to five years in prison, giving him the maximum on each count and making them run concurrently.
The offenses involved a teenage boy and occurred the weekend of Dec. 6-8, 2019, at a Mansfield hotel.
Precipitating the plea was a question of the credibility of one of the defense witnesses.
Jen Hock, a teacher in Indiana, testified on Mullins' behalf. She called him her best friend. As a teacher, she said she is a mandated reporter, meaning she has to report to authorities any signs of child abuse.
Hock said if she did not make such a disclosure, she could be charged with a misdemeanor and lose her license.
Mullins faces similar charges in Indiana
In addition to the local case, Mullins faces three counts of sexual conduct with a minor in St. Joseph County, Indiana, according to multiple media accounts.
Assistant Prosecutor Olivia Boyer jumped on the reference to Hock being a mandated reporter.
Outside the jury's presence, Boyer appealed to Robinson, saying the defense crossed the line.
"I'm allowed to attack that," she told the judge.
Defense attorney Jon Rion, of Dayton, disagreed.
"I don't think a line's been crossed," he said. "They're trying to find a clever way to get into other investigations. She wants to get into this other case desperately to bolster her case."
In the Indiana case, Mullins is charged with alleged conduct while reportedly sharing a bed with a 14-year-old boy. Hock told an investigator she was aware of the allegations but didn't believe the teen.
"Her judgment is not sound," Boyer said. "That calls into question her compliance in her duty to be a mandated reporter."
Rion said the "cleanest way" to handle the situation was to strike the question and strike Hock's answer about being a mandated reporter.
"The jury heard it," Boyer protested. "What do I do with that?"
Before taking a break, a visibly upset Robinson told the defense, "You guys let it in. It comes in."
Attorneys talk plea deal following lunch break
When court resumed in the afternoon and outside the jury's presence, the two sides discussed a plea deal.
"This avoids an appeal," Boyer said.
After defense counsel talked to Mullins at length, the defendant entered the courtroom but seemed reluctant to sign the guilty plea.
"Jon, I'm about to withdraw my offer," a frustrated Boyer told the defense attorney.
Rion asked the judge if the concurrent sentence agreement would be binding.
"If I'm agreeing to it, I'm going to do it. My word is my bond," Robinson said.
While Robinson asked Mullins questions related to his plea, the defendant's mother cried, leaning her head against the chair in front of her. Hock comforted the woman.
Mullins wiped his nose with a tissue before addressing Robinson.
"Do you understand what you're accused of doing?" the judge asked Mullins.
Before answering, Mullins paused, then answered quietly, "Yes, your honor."
Robinson asked if each party wanted to address the court before he imposed sentence.
"I don't really know what to say," said Rion, who tried the case with co-counsel Joshua Moudy. "Mr. Mullins, outside of this accusation, is considered a good person. He had a good job, no prior record."
Jean Rhoten, Mullins' aunt, spoke on his behalf.
"I know what his character is like, and I will always believe in him. I will always pray for him," she said. "I know who he is."
Sentencing was delayed to allow the victim to attend. He reportedly had been at work.
Victim lashes out against Mullins in court statement
The teen, now 18, was brief in his comments.
"I will always and forever hate Sean Mullins," he said. "That's all."
Boyer said Mullins refused to accept responsibility until the evidence proved to be against him.
The assistant prosecutor said Mullins put the victim through the trauma of testifying and he systematically sexually abused the teen.
"He wants everyone to believe he's a good person," Boyer said.
Robinson declared Mullins a Tier III sex offender, meaning he has to register with the county sheriff where he lives every 90 days for life, upon his release from prison.
After the hearing, Boyer talked about the swing in the case, the testimony of Hock.
"They presented that witness as she was an individual who was a mandated reporter," the assistant prosecutor said. "I am able to call into question her judgment in other incidents where a reasonable person would say, 'Hey, I'm a mandated reporter. I should probably look into this or let somebody else know.'''
Boyer said Mullins' case in Indiana could have been brought up to the jury to impeach Hock's credibility.
Boyer said she was happy with the resolution to the case.
"I'm happy the victim was able to get justice," the assistant prosecutor said. "He deserves it."
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This article originally appeared on Mansfield News Journal: Sean Mullins pleads guilty to 2 counts of sexual battery; gets 5 years
