LIMA — The courtroom of Judge David Cheney of Allen County Common Pleas Court was cleared of spectators and the media for a brief time Wednesday during a suppression hearing for a Lima man charged with rape.
Cody Fuller, 21, was indicted by a grand jury earlier this year on charges of rape, a first-degree felony, and sexual battery, a felony of the third degree. Police officials said the unwanted sexual encounter with a woman occurred July 16 at a Lima residence. Fuller has pleaded not guilty to the charges.
Shortly after Wednesday’s hearing was underway, defense attorney Greg Donahue announced he intended to introduce certain evidence that had previously not been disclosed publicly. Assistant Allen County Prosecuting Attorney Terri Kohlreiser at that point asked that the hearing be closed to the public and that participants gather behind closed doors to discuss sensitive aspects of the case. Cheney ordered the courtroom cleared for some 10 minutes.
When court resumed in open session, Kohlreiser called Lima Police Department Detective Kent Miller to the witness stand to talk about a jailhouse interview conducted with the defendant shortly after his arrest. Miller testified that he had read the defendant his Miranda rights before conducting the interview. Upon cross-examination by Donahue, the detective admitted he did not specifically advise Fuller that he had the constitutional right to refuse a DNA test.
Kohlreiser told the court that the defendant’s rights were outlined in a statement he signed before Miller’s interrogation. Cheney took under advisement a number of motions from the defense surrounding evidence that will be allowed.
According to court documents, the woman in the case walked from her home to Fuller’s house at 807 Maplewood Drive on the night of July 16. The woman reportedly spent time with the defendant and his father that evening and then elected to spend the night, as she had done on previous occasions. During the night, the woman told police officers she awoke to find her pants had been removed, with Fuller on top of her and penetrating her sexually.
Fuller told police officials the sex was consensual.