JEFFERSON — Defendant Timothy Poling, 40, of Dorset Township, denied repeatedly Friday of raping and sexually molesting the now 11-year-old granddaughter of his live-in girlfriend during a three-year period from 2002 to 2005. Poling was indicted last month on two counts of rape and 25 counts of gross sexual imposition involving the girl.
The trial began Tuesday at 1:30 p.m. in Common Pleas Judge Ronald Vettel’s courtroom. Poling was on the stand for nearly an hour being questioned by his attorney, David Per Due and assistant county prosecutor Margaret Draper.
The trial resumes at 9 a.m. Tuesday because of the Columbus Day holiday. Per Due is expected to call at least five more defense witnesses. Closing arguments by attorneys will follow before Vettel gives the jury instructions to begin their deliberations on a verdict.
While Poling was on the stand, Per Due asked him regarding giving money to the girl in exchange for getting sexual gratification or showing her porn photos.
“No, never,” Poling said. He also insisted of never improperly touched the child on her body parts or committed any lewd acts.
Poling talked of being unemployed in 2002 to 2005, but received a $115 a month disability check. He had a prior back injury and little extra money.
The defendant did admit of buying Cunningham’s grandchild a few inexpensive gifts periodically during her monthly visits during the time period when the criminal allegations took place.
Poling said he considered Cunningham’s grandchild as “my own
daughter.” He treated her as part of the family.
The defendant stated the visits by the grandchild to their home stopped when the criminal allegations arose after Dec. 5, 2005.
Nine defense witnesses including the child’s paternal grandmother, Debbie Cunningham, testified about the defendant’s conduct with and around children, who came to visit. No one saw any action by Poling to have a sexual connotation.
There were different time frames when the witnesses saw the grandchild with Poling and Cunningham during the years of 2002 to 2005.
Defense witnesses called by Per Due were mostly Cunningham’s relatives or friends of the defendant. They all vouched for his good character and honesty.
Cunningham described her granddaughter’s relationship with Poling as “good.” The child called Poling “grandpa” and had a special relationship to her boyfriend, she said.
Cunningham contended her granddaughter loved Poling and he in turn doted on her. She denied the couple kept any “porn type” magazines or movies in their home.
Cunningham did admit that Poling had a “girlie” calendar in the garage where he fixed vehicles. They also had copies of “Easy Rider,” a motorcycle magazine, at the home that the grandchild may have seen, she said.
Under cross examination by Draper, the grandmother said, “I know Tim did not do this.”
Cunningham testified her grandchild also never displayed fear of being with Poling. She did testify of leaving the grandchild alone with Poling if she went shopping.
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