Retired police officer from a northeast Ohio suburb was accused of raping his 30-year-old stepdaughter starting when she was ten years old. The stepdaughter failed to report allegations for 20 years. The officer strongly denied the allegations, but due to the nature of the accusations and the potential penalty (life imprisonment), the client was held in County Jail pending the outcome of the case.
Marein and Bradley challenged the commencement of the prosecution on the basis of the statute of limitations as it existed in the early 1990’s. After a lengthy evidentiary hearing and submission of legal briefs, the trial judge ruled in favor of the motion to dismiss filed by Marein and Bradley. The state appealed the decision, but the Court of Appeals agreed with the decision. The case resulted in Ohio legislature changing the law on limitations of prosecutions.