McIe case proceeds, defense focusing on victim

With three new charges piled on this week, the defense and prosecution are getting all of their ducks in a row for the Nathan McIe case.

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By Krystal Smalley
ksmalley@wbcowqel.com

With three new charges piled on this week, the defense and prosecution are getting all of their ducks in a row for the Nathan McIe case.

McIe, a 44-year-old Crestline man who has been charged with three counts of felony 1 rape and one count of felony 5 disseminating material harmful to minors, appeared in Crawford County Common Pleas Court Thursday afternoon alongside his attorney, Adam Stone, to hear Judge Sean Leuthold’s ruling on several motions.

Notably, Stone plans on challenging the competency of the victim, who is under the age of 13. In a motion filed with the court, Stone requested to have an expert witness oversee a competency hearing with the victim in the case. He noted the evidence that led them to believe the victim has a learning disability.

Assistant prosecutor Rob Kidd objected to an expert witness selected by the defense performing a competency exam, but conceded to the need for having such an exam completed by the court.

Leuthold denied Stone’s motion initially. The judge chose, instead, to have an in-camera competency exam performed, though the defendant will not be allowed in the chambers while it is being done. If an additional competency exam is needed after that point, Leuthold indicated they would select a forensic psychologist or psychiatrist, though not one with ties to the defense.

Stone also pushed to present evidence of other non-consensual sexual conduct involving the victim. He alleged that the victim had been abused by someone else and suggested that the history could be used to undermine the victim’s credibility and explain the victim’s behavior.

Leuthold cautioned Stone that the path he is choosing could turn into a double-edged sword. The judge, however, said he would require a detailed offer of proof at some point to determine if the prior history would be relevant to the case.

Stone labeled prior recorded statements by the victim as hearsay, but Kidd said the prosecutor’s office currently does not plan to rely solely on such statements at the trial. Kidd indicated that the state would have live testimony from the victim and would only use the recordings as memory refreshers.

McIe could face life in prison without the possibility of parole on the first-degree felony charges and up to 12 months in prison on the fifth-degree felony if found guilty. He is currently being held on a $3 million bond.