Testimony begins in rape trial
Boardman man’s case to resume today
YOUNGSTOWN — Marty Hume, assistant county prosecutor, told jurors in opening statements Tuesday in the rape trial of Robert E. Baxa, 59, of Boardman, that they should pay attention to three things when listening to the evidence.
One is did the alleged victim’s “account of what happened remain consistent over time.” Another is whether her account of what happened is “detailed.” And the third is whether her account is “corroborated by other evidence.”
Hume said the evidence will show “all three factors present to the degree that you will be able to find the defendant guilty of the charges he is facing beyond any reasonable doubt.”
Baxa is on trial before visiting Judge W. Wyatt McKay, a retired common pleas court judge from Trumbull County.
Hume called the girl “the perfect victim” because she has learning disabilities and a “history of depression and suicidal thoughts.”
He said the allegations the girl made against Baxa “came to the attention of entities all about the same time.” She told a school official and her licensed professional counselor, and those conversations came to the attention of police and Mahoning County Children’s Services in March of 2023, Hume said.
The investigation moved to the Child Advocacy Center at Akron Children’s Hospital in Boardman, where there are social workers trained in investigating, assessing and recommending treatment for “childhood sexual abuse,” he said.
The girl told a social worker specific details of the attacks, Hume said, after warning the jurors that the details would be disturbing to hear. DNA evidence was collected and analyzed during the investigation, he said.
He described the role of Children Services social worker Samantha Ensign, who testified later Tuesday. “It was her responsibility to look into the allegations and take appropriate steps,” Hume said.
Hume said an “intake disposition was reached by CSB” of sexual abuse of the girl by Baxa. In May of 2024, Baxa was indicted on eight counts of rape, four counts of sexual battery and six counts of gross sexual imposition.
Defense attorney Joseph Ohlin gave opening statements on Baxa’s behalf, saying, “There are people in this world that will make up just about anything … making up the most outrageous and malicious things.” Ohlin said this case is “about a young girl with a multitude of different mental health issues … wanting out of her current situation and will say the most horrible things to get out of it.”
Ohlin said jurors will hear “how Bob was cooperative with investigators. You’ll hear how he voluntarily, while at work, turned over his cell phone to police, how he willingly provided his passcode to get into his phone and willingly provided a DNA sample in this case.”
He said the evidence will show that the girl “did not grow up with an easy life.” He said, “We expect you to hear about her struggles with mental illness, depression, suicidal and homicidal thoughts, voices in her head, exaggerated stories, made-up stories, poor grades in school” and other issues.
He said it’s not true that the girl will provide “specifics” like time frames, like, “It happened when it was summer. It happened in the daytime or the nighttime.”
He said to “pay close attention to the things (the alleged victim) says in her interview. Ask yourselves if anything she says makes sense. Is what she said happened to her plausible? Does the timeline of events as the state wants you to believe make any sense?”
Several other witnesses testified Tuesday. The case resumes this morning. A jury was seated on Monday.