Mesa’s charges reduced as rape trial nears end

Monday, April 7, 1997 | 11:59 a.m.

SUN WIRE REPORTS

A judge today reduced a rape charge and threw out a felony assault charge against Cleveland Indians reliever Jose Mesa, agreeing with the defense that the state had failed to prove its case on the two counts.

Defense lawyer Gerald Messerman then told the jury that he was resting his case without calling witnesses or entering exhibits.

The judge told the jury to expect closing arguments today and to begin deliberating Tuesday.

Cuyahoga (Ohio) County Common Pleas Judge Thomas Curran said he reduced the rape charge to gross sexual imposition to "prevent a failure of justice." He ruled that the state did not prove intent in the injury to a woman that resulted in the assault charge.

The trial has prevented Mesa, 30, from opening the American League season with the Indians. Mesa has produced 85 saves the last two seasons.

One 26-year-old woman testified last week that Mesa raped her by forcing his hand into her jeans and underpants during a ride to a suburban motel early Dec. 22. The woman's friend, also 26, testified that Mesa struck her in the mouth with a bathroom doorknob and fondled her against her will.

Lakewood police detective John Crane testified the women were not examined by a doctor to determine if there was evidence of rape, assault or the use of force.

"They didn't want any medical attention," Crane said.

Assistant prosecutor Frank Gasper was not permitted to call a witness he said could cast doubt on Mesa's character. Curran ruled Friday that the testimony would be prejudicial, but left open the possibility the witness could be called during the state's rebuttal case.