After Prosecutor’s Failed Indictment, Child Sexual Assault Victim and Family Fought for Justice and WON!

The living nightmare of the last twelve years has finally ended for a young girl and her family in Mount Vernon, Ohio.

In 1998 9-year-old Jane Doe became the victim of physical and sexual abuse perpetrated by George Butler, now 42 years old.

As Jane quietly suffered through the first two years of Butler’s abuse, other families began reporting to police that Butler had abused their children. In January 2000 a woman reported to police that Butler had abused her 3-year-old daughter, another woman reported that Butler had abused her 5-year-old son, and in March 2000 Children’s Services reported to police that they had good cause to believe that Jane Doe was being sexually abused by Butler and that he was distributing photos of (then 11-year-old) Jane on the internet. Butler was not prosecuted for any of the alleged offenses.

Jane endured another 7 years of physical and sexual abuse until the abuse came to light in September 2007 by Jane’s family when they discovered more than 57 pages of hand-written letters that Butler had written to Jane Doe throughout her childhood describing and boasting about the horrible acts he committed against her and threatening to harm Jane, her family, and even Jane’s childhood friends.  Also hidden with the letters were two rolls of undeveloped film. In addition, two boys told authorities that they witnessed Butler sexually abusing Jane but were too afraid of Butler at the time to report.

The family immediately contacted authorities in Knox County seeking justice for Butler’s brutal crimes. Jane’s grandmother said that initially the prosecutor would not take the case to the grand jury to seek Butler’s indictment but Jane’s family rigorously pressed the prosecutor to take action. On August 5, 2008 the prosecutor presented the case to grand jury, but despite the overwhelming amount of evidence the prosecutor failed to obtain an indictment. The prosecutor stated that the failed indictment must have been because it was a “bad grand jury”, but the film found hidden with the letters was never developed, and it appears that the prosecutor may not have shown key evidence (the letters) to the grand jury.

Jane Doe shared her frustration and concerns: “Throughout the whole grand jury hearing I felt like I was on trial. While I was in the grand jury room the letters George Butler wrote me as a child were never even presented. My grandma said that Thatcher told her the letters were present but not presented.”

The result of the failed indictment was devastating; George Butler walked away a free man and for nearly three years stalked and terrorized Jane and her family.

Many victims, especially victims of violent crimes, are not sure what to do at this point.  They feel the legal system they have been taught to trust and respect has let them down.  The Justice League of Ohio, the only organization of its kind in Ohio, was created to protect the rights of children and families who have become victims of violent crime and to restore faith and balance in the criminal justice system by ensuring that the laws in place to protect crime victims are upheld as diligently as the as the laws to protect defendants and offenders.  They can assist people like Jane and her family navigate an often confusing and seemingly unresponsive, faceless legal maze until they reach the appropriate legal and moral resolution for their cases.

Jessica’s Grandmother: “We contacted everyone we could think of for help but were told there was nothing we could do if the prosecutor refused to prosecute. Finally we were referred to The Justice League of Ohio.”

After thorough review of the case file, meeting with the victim and family members, gathering additional pertinent evidence, and speaking with justice officials, The Justice League determined the Jessica’s statutory and constitutional legal rights as a victim of violent crime had been violated and began representation.

Over the next 18 months, The Justice League worked with criminal justice officials in an effort to protect Jane’s legal rights as a victim of crime, bring Butler to justice and prevent him from harming other innocent children.

In June 2009, The Justice League contacted the prosecutor to ask if he would be willing to have the film hidden with the letters developed and if he would consider taking the case back to a new grand jury.  Although the prosecutor said he had no doubt Butler wrote the letters and the first grand jury must have been “bad”, he refused to have the film developed and take the case back to a new grand jury. Further, the prosecutor would not invite the Attorney General’s Office to handle the case.
 
The Justice League helped the victim prepare and file an Affidavit to Show Cause for Arrest and Prosecution with the Knox County Common Pleas Court in November 2009.  (An Affidavit to Show Cause for Arrest and Prosecution is a little known law that allows citizens to present their case directly to a judge to initiate investigation and prosecution of a criminal case.)

In December 2009, the Common Pleas Court Judge denied the Affidavit to Show Cause stating that it lacked merit and was not filed in good faith. (It is unclear, with the overwhelming evidence, how the judge could possibly have come to this determination)

However; the judge did order the case back to the prosecutor for further investigation.

The Justice League made another plea to the prosecutor to complete the investigation and invite the Attorney General’s Office to handle the case. Once again the prosecutor refused.

Local print and TV media then covered the case and producers from O’Reilly Factor took interest. When citizens saw news stories about Jane’s plight they became outraged and began commenting and blogging about the injustice.

The prosecutor finally agreed to invite the Attorney General’s Office to prosecute. 

On July 4, 2010 special prosecutors from the Attorney General’s office took the case back to Grand Jury.

Jane Doe: “In this grand jury the letters were presented, and I did not get asked questions that made me feel like I was on trial.”

Special Prosecutor’s from the Ohio Attorney General’s Office secured an indictment of six counts of rape, three counts of unlawful sexual conduct with a minor, and one count of intimidation of a witness against George Butler.  Butler was arrested the next day.

In October 2010, Butler entered a plea to 8 of the 10 counts and in December 2010, Butler was sentenced to 40 years in prison on four counts of rape, 9 years on three counts of unlawful sexual conduct with a minor, and 3 years on one count of intimidation of a witness.  Since the judge ordered that most of the sentences were to run concurrently, the maximum time George Butler will serve is 13 years in prison.

Although Jane Doe and her family believe the sentence is far too lenient for the crimes Butler committed, they are relieved this nightmare is finally over.  Only a year and a half ago they were told by criminal justice officials that George Butler would never be prosecuted.  Yet this family persisted, and they now have the peace of knowing that because of their courage and commitment they no longer have to live their lives in fear that George Butler will continue to terrorize them. They no longer have to fear for the safety of the other children that George Butler was in contact with. They can finally begin the process of healing; healing from over 9 years of violence inflicted by George Butler, and healing from the “fight for justice” that consumed another 3 years of their lives.

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The Justice League of Ohio would like to thank the following individuals and organizations for their support and assistance in this case: the sexual assault advocate who referred Jane Doe to The Justice League, the National Crime Victim Law Institute, national crime victims’ rights legal experts Robin Sax and Wendy Murphy, Capital University Law School Professor of Clinical Studies Lorie McCaughan, Capital University Law School extern Ravisha Kumar, Ohio Attorney General Special Prosecutors Paul Scarscella, Emily Pelphrey and Mindy Kowalski, and last but certainly not least everyone who has provided the much needed financial support for The Justice League to continue to protect and preserve the rights of citizens victimized by crime.