By Krystal Smalley
ksmalley@wbcowqel.com
Defense attorney Adam Stone threw a wrench in the State of Ohio’s case against Nathan McIe, but the state threw one right back at him Wednesday.
On Jan. 12, Stone filed three subpoenas with the Clerk of Common Pleas on behalf of his client, 44-year-old Crestline resident Nathan McIe. According to court documents, Stone requested “any and all files dealing with” the alleged juvenile victim from Crawford County Children Services, Family Life Counseling, and The Village Network.
By Wednesday, assistant prosecutor Ryan Hoovler responded by filing an amended motion to quash the subpoenas.
“The grounds for the motion to quash is that the request for information for the subpoenas is overly burdensome and it requests information that is private and privilege and has no relation to nor relevant to the issue at hand,” Hoovler wrote on behalf of the state.
When it comes to deciding whether to quash a subpoena duces tecum, Stone would need to demonstrate that his subpoenas were not unreasonable or oppressive by meeting a number of factors, including the notion that the subpoena was made in good faith and was not a “fishing expedition.”
In each exhibit by the state, Hoovler pointed out the broadness of Stone’s request and the fact that the information was not public information.
“The request of this information is clearly a fishing expedition and is not relevant or pertinent to the issue at hand in this case. This information is clearly not evidentiary and relevant and is extremely overbroad,” the state argued.
McIe made an appearance in Crawford County Municipal Court on Nov. 21 where he was charged with first-degree rape and issued a $1 million bond. Assistant prosecutor Rob Kidd stated the allegation stemmed from a complaint within the Crestline School District after a student acted strangely on a bus. Crawford County Children’s Services became involved and the juvenile alleged the defendant had sexual contact with the child.
Common Pleas Court Judge Sean Leuthold continued the $1 million bond on Dec. 12 at McIe’s arraignment hearing.
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