Portage County rape suspect nixes plea deal, sets up July trial
A new trial date has been set for a Streetsboro man on charges he raped a young girl after he announced Wednesday that he decided not to accept a plea deal.
Scott A. Boerio, 47, faces charges that he raped a girl who now is 13 years old. Boerio's trial now is scheduled to begin July 23. Originally, it was scheduled in Portage County Common Pleas Court for May 14.
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According to court records, the alleged assaults took place between February 2017, when the girl was 6, and early September 2023, when she was 12.
During what was scheduled as a plea hearing Wednesday afternoon, Prosecutor Mary Beth Kiah said the deal that was offered had Boerio pleading guilty to two counts of first-degree felony rape and a single count of third-degree felony gross sexual imposition. Other charges in a grand jury indictment, including two additional rape counts and four counts of sexual battery, would have been dismissed.
Kiah said negotiations also included a less severe sentence for Boerio.
"He's facing life without parole," she said. "We had negotiated for him to enter the plea and receive 23 years to life. That was discussed between me and the victim's representatives. At this time, she is now 13 years old, but she is able to come in and testify, and I will do that if unfortunately I have to, if he doesn't accept that."
Kiah said she expects the offer soon will be withdrawn, which Boerio said he understood.
Attorney Joseph Messuri, a public defender appointed to represent Boerio, said Boerio told him only that morning that he would not take the plea deal and wanted to take the case to trial. He said Boerio also wanted a new attorney.
Boerio said he has not received a copy of the case evidence, and said he has not received "adequate representation."
"If I'm being charged with all this, I'd like to see what my constitutional right, what I'm allowed to go ahead and have a copy of," he said.
Messuri explained to Judge Becky Doherty that he has reviewed discovery documentation with Boerio, but under state law, he is not allowed to provide him with copies because in cases like this, it is "counsel only."
Doherty said Messuri is correct and she would not appoint a new attorney.
"The public defenders office, I haven't heard anything today that would cause me to remove them from representing you," Doherty said. She added that it is Boerio's right to hire a new attorney on his own.
Reporter Jeff Saunders can be reached at jsaunders@recordpub.com.
This article originally appeared on Record-Courier: Streetsboro man nixes deal on child rape charges
