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Judges hear appeal of former Ohio University student’s rape conviction
By: Donovan Varney
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ATHENS, Ohio (WOUB) — A man serving eight years in prison for the rape of a former Ohio University student says his attorney rejected a plea deal without consulting with him first.
Marcus Kegg, also a former Ohio University student, appealed his 2023 conviction arguing that his trial attorney did not offer effective assistance. The plea deal his attorney rejected could have cut his prison time to as little as six months.
Kegg is asking that his conviction be overturned. On Thursday, a state appeals court heard oral arguments in his case.
According to the appeal, Kegg’s attorney received a text message from the assisting prosecuting attorney two days before the trial. The text included a plea deal for Kegg to consider.
The details of the offer were that Kegg would plead guilty a charge of felonious assault and be sentenced to four years in prison with a possible judicial release after six months.
The morning of the trial, the deal was repeated on the record in the courthouse. According to a court transcript, Kegg’s attorney Brad Koffel said Kegg did not agree to the terms.
“It was communicated to him, and expressly rejected by him,” Koffel said in court.
Kegg’s appellate attorney, Katherine Memsic, argued in court Thursday that Koffel rejected the plea deal before ever relaying it to his client. She said Koffel’s statement saying Kegg rejected the offer was false.
Judge Peter Abele, one of the three judges hearing the appeal, noted that Kegg did not voice any objection to his attorney’s decision to reject the offer.
Memsic responded by arguing the burden should not be on a defendant to understand he has the right to challenge his attorney’s decision.
In the written appeal, Memsic argued the outcome of the case would have been different had Kegg received better representation and been able to consider the plea deal. Memsic suggested he never would have continued to trial if he knew of the offer.
Athens County Assistant Prosecutor Elizabeth Pepper, who handled the case at trial, told the appellate judges on Thursday that Koffel shared the plea deal with Kegg through a texting app. She said he replied by thanking his attorney for the information.
Pepper argued there is no evidence that Kegg had any interest in taking a plea deal.
The text exchange was included as an exhibit in court documents, and it shows that Koffel turned down the offer from Pepper.
“Not even close,” he replied.
Koffel then shared this exchange with his client.
“Thank you for the info,” Kegg replied.
The appellate court will issue its decision in the coming weeks.