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Accused Wellsville man takes stand in rape trial

LISBON — During testimony Wednesday afternoon, Wellsville resident Spencer Kidder repeatedly denied allegations that he raped and sexually assaulted a young boy numerous times over a six-year period.

“This never happened, never,” he said.

That’s one of the terms he used a lot when he took the stand as the final witness of his jury trial in Columbiana County Common Pleas Court, along with “false, not true,” “no way, no,” “that never occurred,” “it’s against my religion,” “never.”

As his defense attorney Charley Kidder, no relation, asked if he would agree the allegations against him were awful, he replied, “they’re false.” When asked his reaction to the allegations, he said, “I was shocked.”

At one point, he claimed while working as a school janitor from 2006 to 2008, he saw the victim on a daily basis, but county Assistant Prosecutor Tammie Riley Jones challenged that assertion.

“How could you see him getting on the bus when he wasn’t born yet?” she asked, noting the victim wasn’t born until 2008.

Jones pointed out some inconsistencies in both the testimony of Spencer Kidder and the defense’s only other witness, Spencer Kidder’s son Michael, who claimed nothing happened while he was residing in the Wellsville home and he didn’t hear any noises coming from the bathroom, which was next to his bedroom. He said he moved out in 2014, prompting Jones to note that the assaults didn’t start until after that. He said he never saw any cuts on the victim’s arms, but Jones pointed out that didn’t start until after he left, well after the last time he saw the victim.

He said he didn’t know about the allegations until they became public, claiming his father told him there was an investigation, but that his father said he didn’t know what he was being investigated for. Michael Kidder said he didn’t believe the allegations.

Spencer Kidder said the first time he became aware of the accusations was when he received a letter from the court saying he was being looked at for child abuse. When Jones had him read from a letter sent to him from Children Services dated Jan. 28, 2022 listing him as the alleged perpetrator, he said he never gave it much thought because there was no truth to it.

Spencer Kidder, 68, Maple Avenue, was charged with four counts of first-degree felony rape, two counts of second-degree felony sexual battery and a single count of third-degree felony gross sexual imposition in a secret indictment issued in September 2022. The victim said he was 7 years old when the incidents started and they continued through December 2020 when he was 12.

If convicted, the defendant could face a possible penalty of life in prison, but remains out on bond during the trial.

Earlier in the day on Wednesday, the victim, who is now 15, testified about what happened to him, how he was forced to sleep with the defendant, to bathe with him and how the defendant would hit him and would threaten to punish him and hurt him even more than he already had.

“He said if I ever told anyone, he would kill me,” the boy said.

He eventually told a counselor what had happened to him. He also admitted to cutting himself on the arms due to the stress. He felt relieved when he told the counselor about the assaults. When asked what worried him, he said “that he might actually kill me.”

Dr. Monique Malmer, a nurse practitioner at Akron Children’s Hospital Child Advocacy Center, testified about child sexual assault and how children often don’t disclose it right away, especially if the perpetrator is someone they care about or know. She said the majority of cases involve delayed disclosure.

The videotaped interview of the victim by a social worker at the Child Advocacy Center was shown to the jury, with the victim telling detailed matter-of-fact information about what happened to him.

After the video, Malmer continued her testimony, explaining that the victim demonstrated experiential details, meaning only someone who had experienced or witnessed an event could relay that kind of detail regarding how he felt and the order of events.

“I did not see any indication of being guided or coached during his interview,” Malmer said.

She examined the victim from head to toe and found no physical findings, but also said she didn’t expect to because of the time that had passed.

Both the state, which includes Jones and Assistant Prosecutor Steve Yacovone, and the defense rested their cases. The trial will continue this morning with closing statements, then the jury will get the case to deliberate.

mgreier@mojonews.com

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