Barker went on trial April 20 before Judge John Enlow on counts of felonious assault and obstructing official business. Barker now faces a mandatory sentence of 15 years to life.
During the trial, County Prosecutor Victor Vigliucci argued Barker punched Kernich in the back of the head the night of Nov. 15, 2009, causing Kernich to fall to the ground and strike his head on the pavement. On the ground and unconscious, the prosecutor argued Barker, and another man, Ronald Kelly, 20, of Shaker Heights, repeatedly kicked and stomped Kernich.
Defense lawyer Scott Michael Lear argued police had the wrong man, and the evidence gathered by police was flawed. Court records show the defense tried to have DNA evidence related to the case suppressed but Enlow overruled the defense motion and allowed the DNA test results. During the trial Barker did not take the stand to testify on his own behalf.
The other defendant in the case, Ronald Kelly, is scheduled to go on trial in Portage County on May 5.
Sources:
http://news.yahoo.com/s/y_clevelan/20100421/ts_y_clevelan/y_clevelan_ts1715
http://www.co.portage.oh.us/pa/pa.urd/pamw2000*o_case_sum?87156771
http://www.co.portage.oh.us/pa/pa.urd/pamw2000*docket_lst?87156771
Published by Kathy Sak
I am an experienced journalist, two-time Cleveland Press Club award winner, and former editor with a passion and proven track record in matters of in-depth reporting and investigations. View profile
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