PREVIOUS REPORT: Former Miami U officer found guilty of 2 of 4 charges
Young’s sentencing was first set for November, but Young’s attorney Daniel Haughey requested a continuance so that the judge could consider more than 20 letters of support for Young that have been turned over to the court.
Haughey also requested Young be evaluated for placement into a community corrections facility when sentenced. Young faces up to 4½ years in prison.
On Wednesday, Haughey showed up in court along with attorneys Chris Pagan and Jacob Long and after a 60-minute meeting in chambers, Oster put on the record that the new attorneys had filed a motion to request a new trial based on evidence that was not reviewed or used by the defense attorney at trial.
While such a motion must by filed within 14 days of conviction, the attorneys argued the evidence just came to light.
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Oster will first need to decide if he will permit the motion to be filed outside the legal time frame. Then a formal motion for a new trial can be considered.
Oster set a hearing for Jan. 24 to either grant the motion for leave or sentence Young. Young will remain in the Butler County Jail.
In the motion, Pagan provided an affidavit from Haughey indicating a photo of the victim topless time stamped Nov. 7, 2017, was found by a detective who examined cell phone data for the trial
The photo “was close in time with the text message the court relied upon in convicting Dustin for his offenses,” Haughey said in the document.
Prosecutors said the photo had been provided to the defense as part of evidence for trial.
“Over the weekend, I reviewed the discovery and found the photograph which I had not seen before,” Haughey said. “Because I was unaware of the photograph, I did not consider it while consulting with Dustin regarding defense theories or for impeachment. I believe the photograph is probative of the gross sexual imposition and abduction offense.”
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Young, who was a sergeant, resigned from the department on Jan. 11, ending his 15-year career. He was placed on administrative leave on Nov. 22, 2016, according to an internal report reviewed by this news outlet.
Young pulled the woman into his lap and touched her crotch and pinned her against a locker, according to court records. The crimes occurred between Aug. 1 and Nov. 12, 2016, according to the indictment.
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