XENIA — A Xenia man is in the midst of a jury trial after being accused of sex crimes against a child who was 7-years-old at the time of the alleged events.
Andre Estes, 37, is facing one count of rape, a first-degree felony; one count of attempted rape, a second-degree felony; and one count of sexual battery, a second-degree felony.
The alleged victim is now 8-years-old.
Two forensic scientists from the Ohio Bureau of Criminal Investigations, a Dayton Children’s Hospital pediatric sexual assault nurse examiner, Xenia Police Department Detective, manager of Michael’s House Child Advocacy Center and others who were involved in the case took the stand March 28 to deliver their testimonies. The jury trial is being conducted in the courtroom of Greene County Common Pleas Judge Michael Buckwalter.
The nurse from Dayton Children’s Hospital explained how she completed the sexual assault kit, which was sent to the Ohio BCI. Meanwhile, the forensic scientists each explained the process they took to examine the sexual assault kit as well as a piece of bedroom furniture to see if there were evidence of bodily fluids and DNA.
Later, the manager of Michael’s House took the stand, prompting both the assistant prosecuting attorneys and defense attorney to play a video of an interview conducted by the manager in which the victim was asked about the alleged crimes.
During opening statements, Assistant Prosecutor David Hayes said the evidence will show the case is “betrayal that is almost unimaginable,” while Defense Attorney Michael Brush said stories like what Hayes told them often include embellishment, theatrics and improvisation. He said there is no objective evidence that Estes committed any of the crimes.
The rape charge is a first-degree felony, while the sexual battery and attempted rape counts are second-degree felonies. According to court documents, the count of rape comes with a minimum of 15 years, while the sexual battery charge carries mandatory imprisonment without a specified term. The alleged rape charge carries mandatory indefinite imprisonment of a minimum of 10 years.
The trial will continue Thursday, March 29.
Contact Whitney Vickers at 937-502-4532.
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