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Flores Admitted To Conduct In Sexual Battery Case: Prosecutor




Mario Flores

Mario Flores

Paul Kennedy, assistant Fulton County prosecuting attorney, said Mario J. Flores, Archbold, admitted to the conduct alleged in his indictment.

Flores, 43, Archbold, was indicted June 21 on 14 counts of sexual battery for conduct that allegedly occurred between Dec. 6, 2008, and March 29, 2009.

The alleged victim in the case was a minor during the dates specified.

Kennedy told James Barber, Fulton County Common Pleas Court judge, during Flores’ Friday, July 2 arraignment hearing that Flores had admitted to the conduct specified in the indictment.

Flores had been the weight room supervisor at Archbold High School, and the director of The Outback, a Christian Youth Center.

He did not hold those positions during the time period specified in the indictment.

Bond

During an initial appearance on Wednesday, June 23, bond for Flores was set at $100,000 cash. Sometimes, persons are permitted to post 10% of the bond amount, but that was not allowed in the Flores case.

At the Friday arraignment, Flores’ attorney, Clayton Gerbitz, Swanton, asked that Flores be released on his own recognizance, which would not require a bond.

Gerbitz said Flores had no prior criminal record, “not even the smallest infraction. He hasn’t had a speeding ticket in 25 years.”

He said Flores has been an Archbold resident all of his life, and had no contact with the alleged victim since September 2009.

“I do not expect any contact (with the victim) to occur,” Gerbitz said.

Kennedy, in responding to Gerbitz’s request, said Flores “did admit to his conduct to the Archbold police.”

He said Flores faces a number of serious charges.

Kennedy told Barber the alleged victim said Flores made a statement to her that “payback’s a bitch,” which the victim took as a threat. Kennedy said Flores said he did not mean the statement as a threat.

“The victim’s family has expressed great concern, and she is concerned for her safety,” Kennedy said.

Barber said in light of the seriousness of the charges, he would not reduce the $100,000 cash bond. But he said as the case develops, a lower bond may be approved.

Dates

Early in the arraignment, Kennedy made a motion asking to amend the dates on counts 4 through 14, changing the dates from 2010 to 2009. Gerbitz did not object, and Barber granted the motion.

That means the alleged incidents of sexual battery occurred on or about Dec. 6, 2008, Jan. 15, 2009, and during the weeks of Jan. 18, 25, Feb. 1, 8, 15, 22, and March 1, 8, 15, 22, 29.

Barber said he would set “short dates” for the prosecution of Flores. He called for discovery (the process by which the prosecutor must share his evidence with the defense attorney) to be completed by July 19, followed by motions due by Aug. 9.

If there are motions in the case, a hearing on them would be held at 10:30 am, Monday, Aug. 30.

A two-day trial was set to begin at 8:30 am, Tuesday, Sept. 14.

Scott Haselman, Fulton County prosecuting attorney, said a person convicted of sexual battery, a thirddegree felony, could be sentenced to one to five years in prison.

Haselman said the convicted person also would be classified as a Tier III sex offender.

Tier III offenders are required to register with the county sheriff every 90 days for life and register any change of address, place of employment, or enrollment in a school or institution of higher learning.

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