A former Ohio University student who was sentenced to jail time for tampering with evidence announced yesterday that he would appeal his conviction.
Prosecutors say Matthew C. Kulchar, 21, of Dublin, held a female classmate captive in her Boyd Hall room and raped her for several hours Sept. 28, 2008. They also say Kulchar tampered with evidence when he asked a friend to dispose of the SpongeBob SquarePants underwear he wore that night.
In November, a jury found Kulchar not guilty of rape and kidnapping, but found him guilty of complicity to evidence tampering.
Kulchar's attorney filed a notice that Kulchar would appeal the verdict in the Athens County Court of Common Pleas yesterday.
Prosecutors say Kulchar committed complicity to tampering with evidence by helping his friend throw away the underwear. Even though Kulchar didn't dispose of the underwear himself, he helped his friend commit the crime.
Prosecutors never sought charges against Kulchar's friend.
Kulchar's attorney has said he would argue that Kulchar could not have helped his friend commit a crime that prosecutors themselves won't prosecute.
Judge Michael Ward sentenced Kulchar to three years in prison for tampering with evidence, but, in an unusual move, Ward allowed Kulchar to remain free on bail until his appeal is resolved - normally, those sentenced to jail time must file an appeal from prison.
This means Kulchar won't have to spend time in jail unless his appeal is denied.
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Frank Thomas
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