No Evidence? No Problem! The Rape Case against John Edison, Jr.

This case apparently escaped my attention when it was first reported, but a 16-year-old southern Maryland boy is being held in an adult jail on charges that he violently raped a 12-year-old girl in late evening on July 4 or early morning July 5 (he was charged on July 5), assaulting her both vaginally and anally, and beating her with a belt.

The problem? John Edison, Jr. essentially is confined in a government cage over mere accusations of rape by the alleged victim. Maryland prosecutors presented to Edison's defense attorney prior to initial hearings no physical evidence that a rape had occurred, nor statements gathered from Edison himself or from the accuser. According to the Enterprise, a local St. Mary's County newspaper:

Edison is accused in charging papers of pulling a 12-year-old girl into his bedroom on July 5 and having intercourse with her. He is being held without bond on charges which include second-degree rape and a second-degree sexual offense. ‘‘Currently he’s being held at the St. Mary’s County Detention Center and charged with a sex offense against a child and he’s only 16 years old,” Edison’s defense attorney Kevin McDevitt said.

McDevitt argued that the only evidence presented at this time was the statement from the alleged victim. The defense attorney asked sheriff’s deputy James Fontana, who described the victim’s account of the rape, if he was aware of any other witness accounts or scientific evidence against Edison.

The deputy said he was not aware of any other evidence.

And according to a Washington Post report eight days before the aforementioned Enterprise article ran:

"[Edison] has done nothing wrong," McDevitt said. "Essentially what's going on in this case is a young girl got caught sneaking out by her parents over to his house, and she's scared, and that's the story that she gave."

McDevitt added that the 12-year-old gave Edison a hug before leaving his house.

On the most serious charges of second-degree sexual offense and second-degree rape, Edison is being charged under statute (a)(1), which states:

   (a)  Prohibited.- A person may not engage in a sexual act with another: 
  (1) by force, or the threat of force, without the consent of the other;

To understand the seriousness of the charges against Edison, on these felonies alone he faces up to 40 years in prison. All despite Deputy Fontana's admission that there were no witness accounts or scientific evidence suggesting Edison had even touched the 12-year-old girl. How District Judge Robert Riddle found enough evidence to allow these charges to stand, let alone hold Edison indefinitely, is beyond me.

Edison's attorney seems to agree. I don't make a habit of referencing St. Mary's Today, which I consider to be a highly suspect publication in terms of credibility, but it contains some choice quotes from Kevin J. McDevitt:

“This case is a shining example of how children’s missteps can result in a tragic miscarriage of justice,” McDevitt told ST. MARY’S TODAY.

“Despite my consistent requests The State of Maryland has yet to provide me or my client with a single shred of forensic evidence that would in anyway corroborate the violent rape that the victim has alleged.”

“It is impossible to have the type of violent forced rape that is alleged in the charging documents and leave no injuries or physical evidence whatsoever,” said McDevitt.  “My client anxiously wants this case to proceed as soon as possible so that he may prove his innocence and go home to his parents that miss him.”

Moreover, in a conversation I had this morning with Edison's aunt, Alice Gaskins, I was told that the state of Maryland admits that there is no evidence anywhere on the girl's hospital report -- taken only hours after this alleged rape took place -- indicating that a physical assault had occurred, much less a violent rape. In fact, the girl's hymen apparently was still intact at the time of her examination, meaning that she was still a virgin after Edison allegedly raped her. And if McDevitt's insistence that the girl gave his client a hug before leaving Edison's house is accurate, this alone should be enough to debunk the girl's accusation. After all, who would hug the person who just violently raped her?

I hope to learn more about this case from John Edison's famly in the coming days (the girl's name has not been released), but as of right now, it certainly looks like Edison's civil rights are being violated and that he's being considered by the state of Maryland to be guilty until proven innocent.