Home Health Aide Convicted Of Rape May Receive New Trial


A home health aide convicted of rape in Delaware County could get a new trial.  A judge will decide whether alleged juror misconduct changed the outcome of the case.

32-year-old Abulay Nian was a home health aide charged with raping the 17-year-old sister of his patient.  Prosecutors said it happened at the victim's Lewis Center home in November.

A jury convicted Nian in April, but just before he was about to be sentenced, his attorney filed a motion for a new trial.  That motion includes a sworn statement from a juror accusing another juror of discussing Nian's criminal history during deliberations.

However, Nian's prior record was not evidence that was submitted during the trial - it was based on media reports.

The juror says she feels "those facts affected the final decision of all jurors of this jury" in favor of a guilty verdict.

The defense argues the discussion violated Nian's right to a trial by fair and impartial jurors.

The prosecution says without outside evidence, one juror's word isn't enough to prove misconduct by another juror.  Prosecutors say they are "confident that an oral hearing ... will reveal that the juror ... has no credibility on this issue."

A judge will hear from both sides in a hearing next Wednesday, before deciding whether the allegations mean Nian should get a new trial.