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Sexual assault and abuse charges against Cincinnati priest Robert Poandl have been dismissed by Roane County circuit judge David W. Nibert.
The dismissal was linked to a failure to present medical information related to the case in a timely manner.
Nibert ruled it was unfair to Poandl that the prosecution could not produce some medical records of the alleged victim in the case,
basing his ruling on a 1994 West Virginia case that said a delay was prejudicial to the defendant.
Poandl was scheduled to go on trial in Spencer after he was indicted in January for an alleged 1991 crimes against a young boy who is now 28-years-old.
Poandl allegedly sexually assaulted and abused the 10-year-old boy when Poandl was at the Holy Redeemer Catholic Church Rectory in Spencer during a brief assignment to the church.
Roane County Prosecutor Josh Downey disagrees with the judge's ruling, saying, "The state actually asked to go ahead with trial. The state didn't think the records were relevant...The state asked that the matter be continued. The judge didn't do that."
The judge dismissed the charges with prejudice, meaning they cannot be brought again in Roane County. The prosecutor does have a 90-day window to ask the Supreme Court to overturn the judge's ruling.
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