Attorney Seeks Evidence Suppression
ST. MARYS — The attorney for a St. Marys optometrist charged with rape filed a motion Wednesday to suppress evidence in his second criminal case.
Ritchey Hollenbaugh filed a motion to suppress evidence Wednesday on behalf of Douglas J. Wine, 52, 227 Candlewood Place, St. Marys. Wine was indicted in July on two counts each of rape, first-degree felonies, gross sexual imposition, third-degree felonies, and sexual battery, third-degree felonies. He entered a written plea of innocent to the charges.
“Defendant’s counsel has received written documents and CDs of statements and recordings,” Hollenbaugh wrote. “Defendant believes there may be additional recordings that should have been provided if the prosecution intended to use them. Additional time was granted for filing motions, during which the prosecution could have provided additional information.”
Hollenbaugh asked Auglaize County Common Pleas Judge Frederick Pepple to rule any additional evidence not supplied through the discovery process as inadmissible. Pepple set a hearing on the motion for 11 a.m. Sept. 27.
Wine previously pleaded innocent to one count of rape, a first-degree felony. In that case, he is accused of raping a 69-year-old Florida woman at his home on Oct. 10, 2009. Wine was ordered held on a $150,000 bond with a 10 percent cash provision, which he posted Feb. 8 — the day of his arrest. In the second set of charges, Pepple ordered Wine held on an own recognizance bond.
Law enforcement officials previously said the new charges surfaced as a result of an ongoing investigation that stemmed from the initial case. Online court documents list the new rape charges as alleged violations of Ohio Revised Code 2907.02A1BB. Under the code, Wine could face life in prison if convicted. The code also notes anyone convicted of the offense would be labeled a tier III sexual offender/child victim offender. Online court documents also indicate the alleged offenses date back to Sept. 1, 2003.
Wine is scheduled to stand trial on the initial rape charge starting at 8:30 a.m. Oct. 24. Five days have been allotted for the trial. Wine also is scheduled for a pretrial hearing in that case at 11 a.m. Sept. 27.
If convicted on the initial rape charge, Wine faces a maximum of 10 years in prison and a $20,000 fine.
In June, Auglaize County Common Pleas Judge Frederick Pepple ruled against a motion in limine/suppression filed in April by Hollenbaugh in the initial case. Hollenbaugh sought to have the pre and post-interview questions of an independent polygraph test Wine submitted to ruled inadmissible in the initial court case. Pepple ruled that prosecutors could use the statements in the pre and post-interview.
However, Pepple warned neither side could make mention of statements made during the polygraph.
Wine submitted to the polygraph before any charges were filed against him related to the rape case.
He also appeared without counsel but was in the presence of his wife during the four-hour interview process.
On Sept. 2, Pepple ruled against Hollenbaugh’s motion in both cases to preserve and transcribe grand jury testimony. Pepple did order Wine’s testimony be supplied to his attorney.