A former Miami University student's sexual assault conviction was overturned yesterday by the Ohio 12th District Court of Appeals, because of allegations of prosecutorial misconduct.
Last year, Yuyang David Bai was found guilty of sexually assaulting a fellow Miami student in a classroom, as well as assaulting campus police officer who tried to stop him. Because the court of appeals threw out the verdict, Bai will now get new trial.
At the time, WLWT.com described the incident according to the officer's police report:
The officer said he went to the third floor and heard voices from a classroom, and when he entered, he saw Bai leaning over a young woman and groping her as she told him to stop.
When Young tried to call dispatchers, he said Bai attacked him.
Young said the two fought for nearly a minute, damaging a glass door before Bai threw Young to the floor and tried to grab the officer's gun. The officer said he fought Bai until he fled the building.
Assistant Prosecutor Jason Phillabaum, who has been since been fired and is currently under investigation for altering grand jury records, was accused of withholding the victim's statement to the police from Bai's defense attorney.
According to the Naperville Sun, the court opinion stated, "Because the victim “was able to recall few details at trial, the handwritten statement presents a more inclusive picture for the jury when it was considering whether her ability to resist or consent was substantially impaired because of her condition.”
Bai is currently serving two years at Ohio's Belmont Correctional Institution on felony charges of gross sexual imposition and assault. Although the court is granting the sexual imposition charge a new trial, the assault charge against the police officer stands.