NOT GUILTY: Marine acquitted of sex charge involving college student

12:00 AM
Feb 17
2012
NOT GUILTY: Marine acquitted of sex charge involving college student

It took a jury one hour and 45 minutes on Thursday to find a Wakeman man not guilty of two counts of sexual battery in connection with the alleged sexually assault of an 18-year-old college student who had been drinking.

The jury of seven men and five women began deliberating at 4 p.m. Thursday. They returned a not-guilty verdict for Cory N. Puder, 23, of 941 Jarvis Road, Wakeman at 5:45 p.m.

(NOTE - To see photos of the trial, click HERE.)

Huron County Prosecutor Russell Leffler said he was disappointed with the verdict.

"We put up what (evidence) we had," he said. "You can always second-guess yourself as to what you might do different."

Leffler said jurors told him they didn't have enough evidence to be certain that Puder raped the young woman.

Leffler also said that Puder testified very well on direct examination from his attorney, Ed Rhode.

After the verdict was announced, the victim ran out of the courtroom, crying, and her father was disappointed, Leffler said.

"I want to stand up for women that are attacked, but these are very difficult cases," the prosecutor said, adding it is tough for them to have to endure cross examinations.

The trial began on Tuesday.

The defendant denied coercing the girl, who had been drinking, into having sex with him.

The case stems from a Dec. 29, 2010 incident at a rural Collins apartment.

Puder testified Thursday he and the alleged victim were kissing and involved in heavy petting while laying on a couch, but even though they didn't have sex, they were close to it.

"She unbuckled her pants. I took that as an invitation," Puder said, who also mentioned that the woman "was enjoying" what they were doing.

After they were on the floor, "she said, 'What are you doing?' She didn't yell at me," he said. "I tried to help get her dressed. ... I didn't know what went through her mind."

 

He said, she said

The victim, now 19, testified Wednesday, saying she was sleeping on the couch after playing Beer Pong with her best friend, Puder and his best friend and woke up on her back next to the couch with her pants and underpants pulled down.

"He was over me. ... His pants were pulled down," the victim said.

"I yelled, 'What are you doing?,'" she said from the stand Wednesday. "He jumped back like he was shot. ... He pulled my underwear up for me and I told him to get away."

"Did you honor her wishes at that time?," Rhode asked Puder.

"Yes, I did," the defendant said. "As soon as she raised the red flag, I backed off."

The young people played Beer Pong in the kitchen before the incident. The victim said she took her pillow with her and fell asleep on the couch in the living room because she didn't want to drink any more.

After the game concluded, the others cleaned up the bottles of beer and wine coolers. Puder said he and his accuser talked for a while before they started making out on the couch.

"She was awake, alert, aware of everything going on around her," Puder said Thursday.

"I was asleep. He took advantage of me. I don't know if that's coercing," the victim said Wednesday.

After the incident, she went into the bedroom where her best friend and her boyfriend were after the game. Witnesses said the victim was crying and initially wouldn't say what was wrong.

"Do you want this jury to believe you were the perfect gentleman?," Leffler asked Puder.

There was a slight pause before the defendant replied: "I am a gentleman." He later said that means he is a gentleman and doesn't talk about what he did or didn't do with a woman.

 

Affection beforehand?

Puder's mother shook her head as Leffler, during his closing argument Thursday, said Puder needed to lie about conversing with the victim before the incident in order to make the jury believe there was a romantic conversation before he attempted to "score with her." Leffler said the victim didn't recall talking to Puder at all when she was on the couch and she has the right to be left alone while sleeping.

"She didn't invite this man to have sex with her. ... He attacked a sleeping woman," Leffler told the jury. "She doesn't have to put up with this garbage."

The best friends and victim testified there had been no flirting with Puder during the game and the only time he touched the victim was to put his arm around her neck, as if to say, "Good job."

"There was a hug or two. That was about it," Puder said when his attorney asked him if his accuser was affectionate toward him during the game.

"Socially, it was just friends getting together. I asked (my best friend) who was going to be there. He said he'd get a girl over there for me -- to be with socially," Puder said. "No one was drunk enough even to get buzzed."

Leffler asked the defendant if his accuser did anything during the game to indicate she was interested in him.

Puder said the victim told his best friend and her best friend, who were dating at the time, "she thought I was good looking and I could give it a shot," he said.

Puder provided two written statements to the Huron County Sheriff's Office and was interviewed for several hours. He said he was respectful to deputies because he "wanted to discredit the allegations against me."

The defendant testified he had to submit a second statement because deputies requested more details since there wasn't enough information in his first one to discredit either Puder or his accuser.

Sheriff Dane Howard joined one of the interviews. According to the defendant, Howard told Puder it was obvious he "penetrated" the victim and as a result, left "microscopic bruises" on her body.

"I didn't even touch her like that," Puder said.

EDITOR'S NOTE: Reflector Staff Writer Aaron Krause contributed to this story

Comments

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Feb 21, 2012
10:22 AM

turn-n-burn416 says

so i wonder if he's gonna go after her for slander now...?
Feb 20, 2012
01:31 PM

reeeaaalllyyy says

Well Puder has been dragged thru the mud . Her name is not mentioned ? WTH . Why can't we know who lied thru her teeth & almost ruined the life of a young Marine in the process. I believe scociety is entitled to know .
Feb 18, 2012
11:02 AM

TOOBAD says

The truth is: anyone that files a charge is an accuser, but all accusers "ARE NOT" victims
Feb 18, 2012
04:41 AM

Snoozer says

Is that "McLuvin" ? I see several odd things to this story! After the game concluded, the others ( 2 pple ) cleaned up the bottles of beer and wine coolers. Puder said the victim told his best friend and her best friend, who were dating at the time, "she thought I was good looking and I could give it a shot," Are these young kids Swingers? So girl passes out okay, now best friend is in bedroom with passed out girls best friend. Hmmmm.....My biggest question is I wonder if leffler believed her or He just had to try the case.
Feb 17, 2012
06:49 PM

TOOBAD says

http://www.huroncountyprosecutorsoffice.com/victimwitnessdivision The cards are "STACKED AGAINST" anyone that is accused !!!
Feb 17, 2012
07:03 PM

Most Wanted says

I don't see where that's "stacked against" an accuser. It's protecting a victim. A victim should be protected. Can you really say it's in the best interest of the public to keep the accused persons name out of the lime light? Do you not want to know the names of some people who are out on bond and do you not want to know what they are accused of? I understand, this man was found to be innocent and it's a shame, but there are others who have made bond and later found guilty who I'm thinking you might want to know what they have been accused of as you pass them on the street. I can see where certain crimes, that do not pose a threat to the public, and the person is a first time "accuser" should be kept nameless unless proven guilty would be a good idea.
Feb 19, 2012
05:50 PM

commonsense says

sounds to me like the "victum" was the marine that was offered something then got stung when she cried rape.
Feb 17, 2012
11:38 PM

Seen it All says

Most Wanted.. As a mother of a beautiful daughter and a few lovely young men I hear what you are saying. I would want to know if there was an accused sexual predator out there!! One that prays on young children or has been convicted of such a offense before. But that was NOT the case here. This was a case without merit to begin with, and no reason whatsoever for a trial! But yet, this young man's name was slandered and drug thru the mud on this rag newspaper who couldn't help but SHOUT OUT.. A MARINE sexually assaulted a college student. As IF that college student was better than that marine! If he worked for Ford..would the head lines scream.. UAW worker assaults college student???? I THINK NOT! This is not the ONLY time I see ONLY service men's occupation put in the headline. You might want to re-think how you treat those that give you your first amendment rights NORWALK REFLECTOR!
Feb 18, 2012
12:35 PM

Most Wanted says

I see what you are saying but Marine is not the only occupation in the headlines. Just in the last three pages I found the following in the headlines..."Auditor, Recreation Director, Homeless Woman (counting that!), Deputy, Firefighter, Army Veteran, College Gals, New Publisher, Clerk, Janesville President, Whitney Houston, FBI Informer, Ex Trooper, Congressional Candidates, Western Reserve Senior, and Norwalk Police Officer. Perhaps one of your lovely young men is a Marine and you are partial? The kid got screwed, not because of the headlines or because he was a Marine but because some idiot thought it was worthy of even going to trial. A rape trial unfortunately sells papers. And yes, unfortunately who you are sometimes sells more papers.
Feb 19, 2012
06:43 PM

Seen it All says

I was referring to the criminal headlines Most Wanted, most of which you listed are not about someone breaking the law. And I am not a marine mom, just a proud citizen who believes we should take care of the ones that take care of us.
Feb 17, 2012
07:27 PM

dontcare says

The victim now is Puder
Feb 17, 2012
05:51 PM

44846GWP says

Can't believe this ever went to trial! Shame on Leffler, what b.s.
Feb 17, 2012
06:39 PM

Dusty says

And lets not forget Howard for saying "It was obvious he "penetrated" the victim" Not so obvious now is it Howard?
Feb 17, 2012
07:18 PM

black crowe says

Moderators have removed this comment because it contained personal attacks. Discussion Guidelines
Feb 17, 2012
04:54 PM

jas says

This case was very easy for the jury. There was no physical evidence of sexual activity and the two eyewitnesses to anything that may have happened were both drunk. Drunks are not very credible witnesses. I'm sure the jury didn't believe either of them. Without physical evidence of sexual activity, there was insufficient evidence to convict. Certainly no proof beyond a reasonable doubt. Only God knows what really happened but definitely not enough evidence to send a man to prison. Neither accused or victim comes out of this looking good. They both put themselves in positions to be taken advantage of. Hopefully, they both will learn from this experience and look inward instead of simply blaming others.
Feb 17, 2012
03:10 PM

TOOBAD says

GO TO THE PROSECUTORS WEBSITE , AND CHECK OUT THE VICTOM ASSISTANCE PROGRAM -- THEN EVERYTHING WILL MAKE SENSE.
Feb 17, 2012
01:58 PM

dontcare says

I would like to know what Russ Lefflers' incentive was to ever take this case to trial, clearly there was no case. They say you can indict a ham sandwich but this case was short on probable cause let alone proof beyond a reasonable doubt.
Feb 17, 2012
01:46 PM

Blacktigress says

Now that we know the female is a LIAR, why isn't HER picture on the front page? I thought we now have equal rights? What about showing a picture of her so other young men will know who to stay away from? DOUBLE standard doesn't describe it well enough. At least provide the public with her name, after all, she almost destroyed this young man completely and for life. Where is HIS JUSTICE?
Feb 17, 2012
02:21 PM

Most Wanted says

I really don't think she knew. I think she thought he had sex with her while she was out like a light. Doesn't make her a liar, makes her wrong. I think the injustice was the case ever going to trial when there was never enough evidence to support what she thought happened.
Feb 17, 2012
02:40 PM

Blacktigress says

Then I think we can agree, NO pictures and NO names of the one who is innocent UNTIL proven guilty. This is just unfair, women can say anything and never be personally exposed in the press while the man gets his picture in, all the accusations, all history they have on him AND his family, but the woman gets NOTHING done to her. SHAME on the press, if a woman makes a charge POST HER PICTURE IF THEY POST THE MANS, what is this rubbish about 'protecting the innocent', HE WAS INNOCENT and they didn't care about HIM!
Feb 17, 2012
03:37 PM

Most Wanted says

I agree with you. This is sad and unfair. I believe the girl didn't know what went on, and the father believed his daughter...and Mr. Puder was innocent. This was not a violent crime charge, there was no need to release his name and picture unless he was found guilty.
Feb 17, 2012
01:30 PM

TOOBAD says

I believe that the way the "VICTIM's ADVOCACY" program is applied ----- it sets up these unfortunate, and often unjustifiable public spectacles
Feb 17, 2012
01:01 PM

gossipinnorwalk says

Is that McLovin?
Feb 17, 2012
12:35 PM

Most Wanted says

I still don't think the girl knew what happened but after hearing Mr. Puders side of the story today I find it hard to believe it ever went to trial. After reading yesterdays news story, I didn't think she was raped. Basically, because her panties and pants were still on, as well as his and the hospital nurse said no physical damage was shown, nor did it seem any physical evidence was present at the site. I did however, believe Mr. Puder was attempting to have sex with the girl. Todays story tells two different stories. He made no bones about the fact that he was attempting to be with her, but when she said stop, he did. I believe him. Again, girls, don't put yourself in positions where you don't have absolute control (and memory) over a situation. What a mess for this young man, girl and father. And guys...really...don't mess with drunk girls!
Feb 17, 2012
11:36 AM

Tschanen says

It is amazing how only the bad is front page news. I agree that his military history should have been printed and it need to be put on Front Page with innocent verdict!!!Why was she not charged with underage drinking? Why can police officers lie to coerce a confession from people. This world needs to start dealing with honesty from law enforcement all the way thru our government. Quit with the smear campaigns and lies.
Feb 17, 2012
11:16 AM

Thumper says

Sure is scary that law enforcement can sit and accuse someone and lie as two individuals did with no consequences. There was NO evidence to begin with, yet alone have this man put through a trial. From all accounts it appears the jury did get it right.
Feb 17, 2012
11:16 AM

OneLocalVoice says

DON'T DRIVE DRUNK shold be re-written to DON'T SEX DRUNK! Both will get you into trouble.
Feb 17, 2012
10:51 AM

Dusty says

Sheriff Dane Howard joined one of the interviews. According to the defendant, Howard told Puder it was obvious he "penetrated" the victim and as a result, left "microscopic bruises" on her body... What was Howard trying to do scare the young man into a confession? I'm glad the young man stood his ground and personally hope he can file a lawsuit on this girl to recover his legal expenses.
Feb 17, 2012
10:27 AM

Woodchuck says

Now is it time for the Reflector to do a story on the Marine called "The Legend" by his commanding officer for his service as part of the advance team preparing the way for the Marjah offensive, the largest airborne offensive since D-Day? Where is the story about his platoon discovering and destroying the largest cache of enemy explosives during the war? Where is the story about his platoon destroying 50 IED's during the first 2 days of the offensive? Where is the story of the local Marine driving a truck that was blown up by just one IED that they missed? Where is the story of his commander demanding from the Huron County judicial system that his skills, bravery, and leadership be available to his platoon for his second tour as a Combat Engineer? By all things right in this country, just like these accusations were on the front page with color photos and large font headlines at least 4 times that story should be as well. He took his case to court risking significant prision time rather than pleading guilty for a reduced sentence because he knew he was innocent of the rape charge. He did not have the name or the political backing and support of the girl but he stood his ground. Was she charged with under age drinking? It sounds to have been very traumatic for her as well and this incident will never be forgotten by either of the parties. I wish them both a good and prosperous future.
Feb 23, 2012
09:33 AM

Cliff Cannon says

@Woodchuck: Read your comment in the 'Reflector' and was wonderfully blessed by that.I had stayed completely away from this article,not only because 'he said-she said' stories are hard to discern,they are are also very sad.However,after reading what you wrote, I got a tremendously better understanding and not only thank-you for that,but share your desire for " a good and prosperous future" for both.Thanks again.
Feb 17, 2012
11:58 PM

Seen it All says

And I completely agree with WOODCHUCK.......PRINT in your paper what this Marine has accomplished in his young life!!! Print what his comrades and commanding officer said about HIM!! PRINT THAT!! You owe him that much after all you printed about a drunken night where a girl blacked out and didn't recall ALL that happened!! YOU OWE CORY PUDER, clear his name, after all.. you were the ones to help slander it!!!
Feb 17, 2012
10:07 AM

Lil DAB says

I agree that the jury got it right and surprised it even took an hour and 45 min for that! I believe this young man is ".. a gentleman." And victim's daddy ought to be very thankful for that. Had her drama and emotional antics played out with a "wrong" kind of guy, her outcome could have been much worse! The parents of this young man can be proud of their son and this should not shamefully hang over him. His integrity stood out. I'm sure a lesson was learned, though unfortunately in public. Maybe the girl's daddy can get some counseling for his daughter (and maybe himself) for playing out his anger in public. In my opinion that is where the shame is. And I would speculate that not many "gentlemen" will be interested in a little drama princess whose dad just might over react again. Leffler:' "I want to stand up for women that are attacked, but these are very difficult cases," the prosecutor said, adding it is tough for them to have to endure cross examinations. ' Yeh, I would think cross examinations would be tough when you are not being totally truthful! In a biased society where a girl can scream "rape" when something doesn't go her way, or she is afraid what people/friends/family will think afterwards...kudos to this man and jury once more from me!
Feb 17, 2012
09:25 AM

Youwishh says

Moderators have removed this comment because it contained profanity. Discussion Guidelines
Feb 17, 2012
08:45 AM

-rebel says

Why in the world would this chic lay down in the nude to start with? Is she a tease or perhaps she may have wanted her portrait painted?
Feb 17, 2012
09:08 AM

Kottage Kat says

Where does it say nude? How do you pull down the knickers of someone in the nude? Kat
Feb 17, 2012
11:24 AM

-rebel says

@ kitten - I'll admit that I misread that, but how can you explain the chic didn't want it to start with? After all, she was after something by starting to undress as an attempt to invite him in.
Feb 17, 2012
10:37 AM

-rebel says

@ kitten - It clearly states in the article that her panties were off.
Feb 17, 2012
11:03 AM

-rebel says

I almost forgot, was the "so called" victim ever charged with underage drinking since she was only 18 at the time?
Feb 17, 2012
11:06 AM

Seen it All says

no rebel, the sheriff's deputy was too busy collecting evidence for the "so-called" rape.
Feb 17, 2012
10:46 AM

Seen it All says

READ the article rebel... it says she went to sleep on the couch. Then woke up NEXT to couch with her pants pulled down. Didn't say she went to sleep THAT way!
Feb 17, 2012
11:30 AM

-rebel says

@ Seen it All - How can anyone trust the word of an 18 year old drunken chic????? The girl was there to party hard. She just wanted to brag to her other friends that she nailed a marine.
Feb 17, 2012
11:41 AM

Seen it All says

Well, apparently there were only a few people who believed what a drunk 18 yr old chic said, her friend, her Daddy, Lt. Mc Laughlin, and Mr. Leffler! I have said that the story didn't add up rebel!
Feb 17, 2012
10:44 AM

Uputwhatwhere6 says

Actually they were pulled down, not all the way off. In the last article it even stated that Puder helped her pull them up. I am glad that this had the outcome that it did. It just screamed from the very beginning "blackout." She might not have realized it until she sobered up a bit.
Feb 17, 2012
07:38 AM

LookingDown says

justice was done in this case!
Feb 17, 2012
06:40 AM

Seen it All says

I do believe the jury got it right! Nothing really added up with this story. It is a shame however, that this young man's life will be tarnished with this event, as this is small town America, and the NR made sure no one forgot his name or face since his arrest. Good luck moving forward Cory, and oh yes, a great big THANK YOU for serving our country!!!!
Feb 17, 2012
06:24 AM

truckin says

Finally.. Ladies. enjoy.. give it up...have a good time!!.. Regrets later?? well it's not walmart, you can't take it back.
Feb 17, 2012
06:15 AM

uturnlouie says

First of all THANK-YOU to the JURY that did their job in this case. An innocent man could have gone to prison that already have way to many innocent people inside, which we are paying for by the way. Second, to the young girl that thinks a good time gone bad is rape. You need to understand the difference and DO NOT lead a man to a cliff, then when he gets one foot off the cliff,yell stop, because the other foot he has on solid ground might not hold him. And do not PUT YOURSELF in these kinds of positions again. If your going to be drinking, make sure you have someone else around that is going to have your back. ALCOHOL clouds your mind. Thats why its called a drug. There is so many other things you can do to have fun without playing beer pong, the winner of this game never wins. And third, to you young man, I think you truely are a gentleman, a rapist does not pull her underware back up(by her own admission) but you need to watch the danger you put yourself into also. Young girls and alcohol are worst than a M-16. It would also help if you fill your pockets with permission slips next time you go out. Men will always take the fall in situations like this. You were lucky this time, if there is a next time, it might not end this way. I hope you BOTH have a long prosperous life. Someday you will be telling your children not to do the same things we are talking about here today. Gook Luck to both of you. Life is good, but you have to make it that way. It doesn't get handed to you. You only reep what you sow.
Feb 17, 2012
04:38 AM

Kottage Kat says

The Jury has spoken, justice has been served. Best of luck Corey as you move forward, you are young and have your whole life ahead of you. Kat
Feb 19, 2012
05:52 PM

commonsense says

The charge of being accused of rape will follow him his whole life. I hope they can expunge all records of the accusation.

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