McCullough cleared on rape charges, guilty of drug charges

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After what one juror described as a "very difficult" deliberation Friday, a jury found John
McCullough guilty of three drug-related offenses, found him not guilty of abduction and not guilty of
rape under impairment.
On three other counts of rape by force, the jury of eight men and four women were unable to reach a
verdict. The decisions came in after 7 p.m. Friday.
McCullough, 25, of Willoughby, faced eight counts for actions which took place April 8 and 15, 2010.
Juror Terry Brown of Rudolph, said "it was a very difficult decision. Most of the time we spent was
on those three subjects (the rape counts)." The jurors spent almost nine hours deliberating.
When McCullough was arrested exactly one year ago Friday, drugs were found in his car. He was convicted
of possession of LSD and possession of psilocilin, often called "mushrooms." The jury also
convicted him of trafficking in marijuana; eight small bags were found in his car.
"We all knew why he was here," Brown said of the drug convictions.
All 12 jurors also agreed the state did not prove that McCullough held the alleged victim against her
will or that he raped her while under impairment.
The crimes were allegedly done in a residence hall room on the Bowling Green State University campus.
Security footage from the hall outside the room showed the alleged victim, defendant and two witnesses
for the prosecution coming and going from the room multiple times during the time frame of the offenses.

Because there is a significant time period when there was no activity in the hallway, there was not
clarity as to the authenticity of the other charges.
Brown said the final vote was four guilty of the rape charges, with eight siding with the defendant.
He also said that the small size of the room, the victim’s frequent use of a cell phone, and other
opportunities to seek help or escape, all weighed into deliberations.
During the course of the trial, the alleged victim, the two friends who were present in the room at the
time of the alleged offense, along with the defendant were all shown to have lied to investigators or
police in the case. Both the prosecution and the defense attorneys admitted to such during closing
arguments Friday morning.
Because of the hung jury, Judge Reeve Kelsey allowed two weeks for Heather Baker, the lead prosecuting
attorney on the case, to decide if she’ll proceed with a new trial.
There was also a pre-trial set for April 28 at 3:30 p.m.
Because of the trafficking conviction, McCullough’s vehicle is subject to forfeiture. The judge will rule
on that later.
Kelsey released McCullough on his own recognizance beginning Monday, on the condition he stay at his
mother’s residence in Willoughby.
The judge also ordered that he have no contact with the victim and any of the witnesses in the case, and
stay away from the BGSU campus.
A pre-sentence investigation was ordered with sentencing scheduled for June 20 at 9 a.m.

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