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Jury acquits Malta man

He denied wrongdoing with girl

SAM SHAWVER The Marietta Times Defendant Matthew Riley, left, took the witness stand Wednesday during his trial on charges of rape and gross sexual imposition in Washington County Common Pleas Court. In the background the defense attorney and prosecutor discuss an issue with Judge Mark Kerenyi.

“Not guilty” was the jury’s verdict for Malta resident Matthew C. Riley, 35, whose three-day trial on charges of rape and gross sexual imposition involving a 5- to 7-year-old child ended Wednesday afternoon.

Riley, a former Lowell resident, was called to the witness stand Wednesday morning by defense attorney Rolf Baumgartel who asked the defendant more than once if he had molested or had sexual relations with the alleged victim.

“No, I did not,” Riley answered.

Throughout Wednesday’s proceedings Riley maintained his innocence regarding a now 10-year-old’s allegations that he inappropriately touched her on several occasions when she was between the ages of 5 and 7.

The victim, who testified on Tuesday, said the incidents took place over a two-year period when she and her brother and sister would visit Riley at his mobile home on Gun Club Road in Lowell where he resided at the time.

She told the court that Riley would call her inside to take a shower, then he would touch her while she laid on his bed. The girl added that when she told Riley he was hurting her, the defendant told her to “shut up” and continued touching her.

“I did not tell her to shut up,” Riley told the court Wednesday, and again denied touching the child in any sexual way.

He said the youngster often complained of soreness or a rash in the genital area.

“Did she say it hurt?” asked Baumgartel.

“Yes,” Riley said. “I would tell her to take a shower and afterward she would ask me to put medicine on her.”

He said a towel was spread on his bed for the girl to lie down because the mobile home bathroom was too small.

Both Riley and the girl’s testimonies agreed the incident occurred seven or eight times over the two-year period.

During an interview with Ginger Davey, a former employee of Washington County Children Services, related to the child’s allegations in 2016, Riley admitted it was possible that slight pressure from applying the ointment could have made the girl believe something was not right.

Asked if he had any sexual thoughts while applying the ointment, Riley said Wednesday he never had such thoughts.

But during questioning by authorities who were investigating the alleged incidents in late 2015 and 2016, Riley did say he had sexual thoughts. He told the court Wednesday that he felt coerced into making that comment.

“They had me believing there was something in my body or mind that was not right,” Riley told Washington County Prosecutor Kevin Rings Wednesday.

Although he repeatedly told them he had done nothing wrong, Riley said the investigators refused to believe it and kept pressing him to admit to having sexual thoughts.

“(They indicated) if I gave them some information I would just receive some counseling or help through family services,” Riley said. “I felt I had no other option, that I had to give them something, and yes, that was a lie.”

Rings asked the defendant if a series of statements made by the 10-year-old victim during Tuesday’s testimony were true.

Riley said they were true, although he denied telling her to “shut up” when she expressed pain during the ointment application.

“One person has changed their story, and that’s you,” Rings said.

But in closing comments to the jury, Baumgartel blamed the investigators for Riley’s false statement about sexual thoughts.

“They said ‘give us something and we’ll get you some counseling,’ so he said he had sexual thoughts,” Baumgartel said, noting Riley had made the statement during a three-hour interrogation.

As for the girl’s comment that it hurt when Riley applied the ointment, Baumgartel said it shouldn’t be surprising, as she complained of soreness which required application of the medicinal ointment.

Riley was indicted in 2016 on one unscheduled felony count of rape and two third-degree felony counts of gross sexual imposition.

“The child described what was almost a ‘ritual’ every time of taking a shower, then putting down a towel and lying on his bed,” Rings said.

He said Riley also told authorities he had to leave the bedroom at one point after applying ointment to the girl.

“He was worried about what might happen and he had to stop,” Rings said.

When asked to describe his sexual thoughts on a scale of one to 10, Rings said Riley told investigators he would give those feelings a rating of 8.

“So there is sufficient evidence for you to find the defendant guilty of all three charges,” Rings told the jury.

Deliberations began around 2:30 p.m. Wednesday and the jury returned its verdict at 6:35 p.m., according to court officials.

About the case

≤ Matthew C. Riley, 35, of Malta was found not guilty of one unscheduled felony count of rape and two third-degree felony charges of gross sexual imposition in Washington County Common Pleas Court Wednesday.

≤ Riley was indicted on the charges in February 2016 after a 9-year-old girl alleged that he had inappropriately touched her several times when she was between 5 and 7 years old.

≤ The child, now 10, and her mother testified during trial proceedings on Tuesday.

≤ Riley took the witness stand for the defense Wednesday.

≤ The third-degree felony charges could have resulted in up to 10 years in prison and fines totaling $20,000. The unscheduled felony rape charge could have brought a maximum life sentence and a $20,000 fine.

Source: Washington County Common Pleas Court and Times research.

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