MIAMI COUNTY — The Miami County Common Pleas Court Judge Christopher Gee granted a continuance of the Timothy Penkal jury trial on Thursday.
Penkal, 37, of Greenville, was arraigned on one count of first-degree rape last September. The offense allegedly occurred in 2010 in Piqua with a female minor victim. Miami County assistant prosecutor Janna Parker asked for a no-contact order with the victim or unsupervised contact with minors.
On Thursday, Parker informed the court her office received a 15-20 page email from Penkal’s attorney Patrick Mulligan Wednesday evening. Parker requested the continuance to discuss the contents with the victim.
Mulligan agreed to the continuance, noting his staff did not provide Parker with the email contents in a timely manner. Mulligan said the contents of the email is significant to his client’s defense due to no property evidence, calling it a “he said, she said” case. Mulligan said if he failed to submit the email contents to the court as evidence, it would be negligent on his part as Penkal’s attorney.
Judge Gee granted the motion, noting the evidence in question is relevant to both the state and defense.
Judge Gee set a new trial date for June 13.