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Lawyers make closing arguments in trial of Bradley Young, accused in Kinsley Kinner's death

Young's team asked judge to throw out charges
Posted at 9:36 AM, Oct 03, 2016
and last updated 2016-10-04 00:25:29-04

HAMILTON, Ohio -- Lawyers made their closing arguments Monday, and it will next be up to a jury to decide if Bradley Young is guilty in the death of 2-year-old Kinsley Kinner.

Kinsley died in December of 2015. Prosecutors said she was beaten and shaken to death. Investigators focused on Kinsley's mother, Rebekah Kinner, and Rebekah's then-boyfriend, Young.

Butler County Prosecutor Michael Gmoser argued it was a simple case of abuse.

"The injury occurred within minutes, not hours. Who was with the child? The defendant, (Young)," Gmoser said.

Defense attorney Frank Schiavone III said the evidence didn't back up the prosecutor's story and placed blame on Kinsley's mother, Rebekah Kinner. She's already serving an 11-year sentence after pleading guilty in Kinsley's death.

"All the evidence, I believe, would point the finger at Rebekah Kinner," Schiavone said. "That child was not beaten by a man."

Young's defense team rested its case earlier Monday after four days of dramatic testimony. Young was not asked to take the stand. 

Before resting its case, the defense team attempted to get Young's charges thrown out Monday since his former girlfriend, Rebekah Kinner, was declared incompetent to testify Friday. They argued charges should be dropped because the state called an incompetent witness to taint the jury.

 

Judge Keith Spaeth ruled the state had no indication that Kinner was incompetent and didn't violate any rules.

In a second motion, the defense argued there was a lack of evidence, citing that no witness said it was Young who beat 2-year-old Kinsley Kinner to death. Spaeth denied this motion, explaining that the case's circumstantial evidence is very strong.

When the motions to dismiss the case failed, the defense called Young's former boss Michael Rudy to the stand to describe him. 

"He’s a good kid," Rudy said. "He is short. He has a temper with short, angry-man syndrome."

Young's roommate also took the stand Monday morning. That roommate was in the home when Kinsley was unresponsive and rushed to the hospital before her death.

On the stand Thursday, Kinner accused Young of a pattern of excessive discipline and abuse that prosecutors said led to her 2-year-old daughter's death.

On Friday, Spaeth declared Kinner incompetent after she had trouble understanding and responding to questions in her testimony. The defense argued Kinner may have been intoxicated by her medications Thursday when she was on the stand. 

 

Her testimony will no longer be used in the trial.

RELATED: Kinsley Kinner's mom, Rebekah Kinner, testifies that ex-boyfriend Bradley Young abused 2-year-old

"She readily admits she has trouble responding truthfully to questions," Spaeth said.