BUCYRUS — Joshua Benedict, formerly of Galion but now incarcerated in the Crawford County Justice Center, appeared in Crawford County Common Pleas Court on Monday with his attorney Adam Stone to make several motions to the court regarding his upcoming trial.

Benedict, 38, is charged with two counts of rape, both first-degree felonies. Due to the age of the victim (in this case ten years old), Benedict could receive two sentences of life without the possibility of parole if found guilty of the crimes.

Benedict is also charged with one count of gross sexual imposition, a third-degree felony punishable with up to 36 months in prison and 125 counts of possession of photos and videos that depict child pornography, all fourth-degree felonies, each punishable with up to 18 months in prison.

Benedict’s attorney, Adam Stone, argued in favor of severing the cases and trying them separately. Stone contended that his client’s possession of child pornography charges should be tried separately from the rape and gross sexual imposition charges. Stone argued that there are two separate sets of allegations.

“The inflammatory nature of the material he viewed will prejudice my client’s right to a fair trial,” Stone said. “The jury will see photos that anger them. The defense calls for two separate trials.”

Common Pleas Court Judge Sean Leuthold responded to Stone.

“I looked at these photos in preparation for proceedings,” Leuthold said. “I found them ghastly. They are prejudicial. I’m concerned that these could make a juror become physically ill.”

Assistant Prosecutor Ryan Hoovler told the court that the child pornography was used in fact to groom the victim.

“The victim will testify that the victim was shown porn and told that the experience would be normal and fun,” Hoovler said.

Hoovler also told the court that the child identified porn found on the computer.

“The tablet was used to take pictures of the victim according to the victim and that proves Mr. Benedict’s possession of the tablet,” Hoovler said.

Leuthold noted that the same evidence will come in both trials.

“Why sever the cases when the same evidence is coming in in both trials?” Leuthold asked.

Stone said that he will contend that the porn was downloaded when his client was not even at home. He noted that the victim’s parents questioned the victim for an entire week before going to the Galion Police to report the assault.

Leuthold took a recess to examine material in chambers before issuing a ruling on the motion. When Leuthold returned to the bench, he explained his decision.

“This is a very difficult decision. I took the time to read the police report, the victim’s interview and the defendant’s interview,” Leuthold said. “Quite frankly, I’m a little surprised that the prosecution didn’t mention this. I can understand why Mr. Stone would not offer this.

“There is no doubt that the child victim could testify that they saw the defendant looking at porn,” Leuthold continued. “The defendant makes a number of statements, including that he looks at pornography and goes to the bathroom to masturbate. He says the victim may have seen him doing that. The victim was exposed on more than one occasion. The evidence of both crimes would be used in both trials. The motion to sever is denied and all charges will be tried together.”

Leuthold noted that he still had real concerns because there is strong evidence for the state. He noted that the defendant admitted that the child was exposed to pornography.

“Statements were not just made by the victim, but the defendant admits to them,” Leuthold said. “The victim says that the victim saw adult and child pornography.”

Leuthold commended both Stone and Hoovler for excellent work.

“If something new comes up, Mr. Stone, I will allow you to present it,” Leuthold said.