Crime & Safety

Judge Allows YouTube Identification as Evidence in Erick Howard Case

Judge Taryn Heath overruled a motion to suppress evidence today in Stark County Common Pleas Court

Defense Attorney Rufus Sims argued today that evidence submitted in the case against his client, Erick Howard, would lead to an unfair trial.

Howard, a two-time Ohio Mr. Football recipient and grad, is accused of Aug. 20. Police say he used duct tape to tie up a man and woman, raped the woman and robbed them both at gunpoint. Two others already have pleaded and been sentenced for their involvement.

Howard  and is charged with aggravated burglary, aggravated robbery, rape and kidnapping, all carrying a firearm specification.

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Today Sims argued that the female victim's identification of Howard was unreliable and should not be admissible as evidence in the case. Someone passed along Howard's name to the woman, who then told her mother to Google Erick Howard's name. The mom played a Canton Repository YouTube video for her daughter, allowing her to hear the audio through the phone (the victim was not watching the video). Upon hearing Howard's voice, the woman was convinced he was the man who robbed and raped her.

"She was listening to it, then she started sobbing and screaming and gave the phone to her boyfriend," the victim's mom said in Stark County Common Pleas Court today.

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"She couldn't listen to it any longer because she recognized the voice."

North Canton Patch will not identify the victim's mother as to protect the identity of the victim.

Sims said the woman thought Howard was involved and thought she recognized the voice because of the information someone gave her about Howard.

"We think that she had a preconceived notion prior to even hearing the video, and that concerns us very much," Sims said.

Detective Randy Manse of also testified today. He said he interviewed the victims after they returned from vacation, nine days after the incident. It was in that time before their interview that the victim listened to the YouTube video and decided it was Howard who was involved.

Manse said the victim told him about the video, but he never listened to or watched it. He had also received an anonymous tip that Howard was involved.

Sims argued that Manse set up the interview with both victims Aug. 29 because he believed the couple thought Howard was connected to the case. However, Manse said he wasn't aware of the video and the couple's knowledge of Howard until their meeting.

Judge Taryn L. Heath overruled Sims' request to suppress the evidence.

"The bottom line is that a defendant should be protected from an unnecessary procedure employed by the police. In this particular case, the court finds no unnecessary procedure employed by the police."

OTHERS SENTENCED IN THE CRIME

Seth R. Obermiller, 19, , was in a state correctional institute. Obermiller helped tie up the couple and rob them and rape the female victim. He was found guilty of kidnapping, aggravated burglary and aggravated robbery, with all charges accompanied by gun specifications.

 to three years of probation and turned himself in Sept. 28. Taylor drove the getaway car that night. He was found guilty of attempt to commit burglary, a third-degree felony.


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