I am writing this blog to shed light on the unfortunate event and allegations about the case I was involved in 15 years ago in 2011. There is much online information that can be read and interpreted as true and facts that were indeed just not true. These allegations were completely fabricated. However I was convicted on very little evidence to my dismay. It has been a life changing experience for the worse but I have maintained my composure and professionalism. I will do my best to make this post easy to understand, concise, and to the point under my beliefs and others points of view so it does not take up too much of your time while giving you plenty of facts and history.
To start off it is important to point out that most of the misleading information you are reading is coming from my appeals case. The journal entry starts off by stating “procedural history and facts.” It is misleading because it lists and references the plaintiff’s or accuser’s side of the story and never references my side of the story or statements I made to the lawyers or detectives. So everything you are reading is the accusers/plaintiffs statements. Which is completely biased in its own sense and I promise not true.
It is also important to understand that this is appeals case It the belief my counsel’s and I that the text messages that were allowed to be used as evidence should have been stuck down and not been able to used as evidence in trial. The text messages that were used were presented weeks later and not actual phone records from the service provider. These text messages were screen shot pictures print outs of the plaintiffs conversations. They can have been easily edited, manipulated and context could have been deleted intentionally to improve their case and make their story more believable. the evidence should not have been allowed in trial and the courts should have subpoenaed the actual phone records from the provider.
After wrongfully convicted counsel and I decided that it was worth it to file and appeal. As our party heavily believed and knew I was innocent. All the appeal does is look at the jury courts process and proceedings. If the courts made an error in any paperwork or process then you would win the appeal and be granted a new trial. The appeal and trial take a lot of time and tax payer money. The courts are reluctant to overturn a conviction for liability purposes. Less than 5% of appeals are actually granted a new trial.
I believe the error occurred in the jury’s belief that somehow I restricted the plaintiff’s liberties. Here is the definition of kidnapping under Ohio law;
Ohio Revised Code § 2905.01, kidnapping is defined as knowingly removing another person from where they are found or restraining their liberty by force, threat, or deception.
This is a very broad offense and has a wide range of scope. I was convicted on the second part of the definition. Meaning the jury thought I restricted the accusers liberties in some way. The traditional idea of kidnapping is far worse than what can actually qualify as such under this definition.
MY STATEMENT
This is my side of the story and the statement I made to the arresting officers and to the detective that was assigned the case. My statement was never published online nor referred to in court. I do not know why. My counsel told me not to take the stand, although I wanted to, and offered very little insight. Nor did my counsel and his team search for any evidence or additional witnesses on my part. I later tried to sue my attorney for negligence but it was thrown out in court at a later time. There is a lot of politics in the judicial system and my lawyer had a lot of friends in the court system that could have intervened. This is speculation on my behalf of course.
Getting back to my statement and what really happened.
The night in question when this occurred I was out with family and friends. My brother, a friend, and I had dinner and later were out and about at a local establishment. The restaurant was busy and there was a birthday party event also occurring. Throughout the night my friends and I interacted with the people at the birthday party and met new people and conversed. As the night went on my friend and I made particular friends with two of the birthday party’s female members. It seemed the plaintiff had taken a particular interest in me and I in her. We exchanged in conversations all night and the atmosphere was friendly and playful. My friend eventually left and it was just the three of us remaining from both of our parties along with the other general established crowd. My friend that had left was whom I came with and my ride home. After the restaurant closed I was going to walk home as it was less than a mile to my house. The plaintiff/accuser offered me a ride home and the three of us pursued in her car to my home. When we arrived I offered them to stay and invited them inside for snacks and beverages. We turned on the television and radio and played music and danced. The setting was relaxed and it seemed the ladies were enjoying themselves. We danced and eventually the ladies both were touching me as we danced. They ended up removing several articles of my clothing, they kept all of theirs on and I did not pursue to take theirs off. This fact was affirmed and admitted to by the plaintiff/accuser under oath in jury trial. If you would like the transcripts for proof on this matter or to increase your understanding of the night you may read part of the transcript or it in full. I recommend and encourage it. As the night went on the three of us sat down on the couch and watched movies. The plaintiff/accuser and I remained on the couch as the other woman went upstairs and was absent for awhile. I went upstairs to check on her to make sure she wasn’t ill and that she was ok. I found her laying in my bed and when I asker her if she was ok she started to try and seduce me. I denied her and she layed back into my bed. As I thought she was a nice person but was not romantically interested in her. It seemed her friend and I have had more chemistry throughout the night and were friendlier. Our interactions were observed by people and workers in the establishment. This was also confirmed by the bar tender a witnesses under oath in jury trial. I went back downstairs and met the plaintiff on the couch. The plaintiff and I engaged in consensual relations and slept on the couch. Early the next morning they were gathering their things and were preparing to leave. The plaintiff/accuser said that her fiancé was upset and tried calling and texting her all night. She stated that she had made a big mistake. It was much a surprise to me because I was unaware that she was in a relationship. They left in what seemed to be good spirits and happy. Within a couple of days the police where at my house and I was being arrested for rape and kidnapping.
You can imagine my surprise when I was being questioned by the police and detectives. I told them this exact story which is 100% the truth. The detective wrote very little down and did not seem to believe me. He stated I should call an attorney. I was in city jail for a week before they let me out. The detectives questioned me over and over. My story never changed because it was the truth and all I knew. I was released on bond finally. For months I battled with authorities to understand why I was being charged. I could not have any contact with the women. After some more time I was offered a plea bargain of a gross sexual imposition by the district attorney, which is by far a much less severe infraction. I did not understand why I was being charged with something I did not do and also denied the plea bargain because I felt that was admitting guilt. I had very little guidance from my attorney.
With very little guidance and understanding of the situation I entered into a full out grand jury indictment and trial to the full severity of the charges. If convicted I was facing 25 years to life in prison. This was my first time in trouble with the law and at no point in my life have I had any criminal mishaps or charges before. It should have seemed very uncharacteristic. However the courts and accusers did not care. After 4 days of trial without me taking the stand I was convicted of kidnapping with very little evidence and very little effort from my lawyer. My worst nightmare proceeded to follow. Within the next few months I had to abandon my career of which I worked so hard for as I was sentenced to 3 years in state prison. My mother and I wept and my friends and family were in shock. I traveled to three different state prisons in my time incarcerated. I applied for judicial release through the courts and my case was transferred to a different judge that reviews cases for early releases pending good behavior. The new judge examined my case and knew right away that I was the victim of harsh circumstances. She released me after 9 months served but with very strict supervision by the state.
After going through all of the intense mental anguish I could not help to look back and ask myself why this had happened to me. In hindsight I would have taken the plea bargain 5,000 times over, even if I was innocent, it would have had a less impact on my life. The trial conviction can never be expunged or overturned. It has greatly hindered my aviation career. I have had to work 3 times as hard to make it with this handicap. Directly after my release I struggled to survive as I worked as a laborer in different construction industries. Over time I had to fight to retain my pilot licenses and restart at the bottom of the aviation industry. It has been 16 years since the night in question for this case. I have never had any criminal activity before or after this occurrence. I have not even had a speeding ticket since. This should be a good indication of how I presented myself before and after this unfortunate event.
The people who know me best can testify to the content of my character. I would never do anything to hurt anybody. I am always willing to go out of my way to help others if the chance arrises. I have always been raised to have a good sense of morality and kind demeanor. Professionalism, honestly, and integrity have always been my beliefs and I still abide by these concepts today.
I have since been married and had two beautiful children. And although that marriage has dissolved my ex wife and I have a good relationship and raise two children with love, cooperation, and appreciation. It is my wish to continue to pursue my aviation career and to raise my children to be responsible members of society. So I ask you to do your due diligence and do your research and ask previous employers and co-workers. Please do not judge me based on the very little information that this appeals case provides. Once again if you wish to read part or full transcripts of the jury trial I would be more than happy to email you a copy. The judge that received my case to be re-examined said she would also be obliged to discuss my case while giving testimonial to the content of my character. If you would like to speak with her I can arrange a phone call.
Thank you very much for your time and energy in reading this statement. It is much appreciated.
Sincerely,
Adriano Stavole