Judge Backs Evidence Destruction In Fatal Rape Case

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UPDATED: Sunday February 9, 2014 11:07 AM

Legal experts say the destruction of evidence ordered in a fatal Ohio rape case was likely justified by harm that could occur if the material became public.

At issue are photos and audio and video recordings collected in the investigation into the 2012 death of Deanna Ballman and her nearly full-term child at the hands of a doctor convicted of killing her with a heroin overdose.

Delaware County Judge Duncan Whitney approved a prosecutor's request late last year to destroy the evidence once the case is wrapped up.

Assistant Delaware County prosecutor Kyle Rohrer argued the evidence was obscene because its purpose was to arouse lust.

Ohio State University law professor Doug Berman says preserving evidence should be the norm, but the risk of the material being released must be considered.

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