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Judge grants request, removes himself from man's rape cases

A Butler County judge granted a defendant's request that his two rape cases be heard by another judge.

Austin C. Miller, 24, of Butler made the request after Judge William Shaffer rejected a plea deal to which Miller and prosecutors had agreed.

In the deal, Miller would have pleaded guilty to corruption of minors and statutory sexual assault, dropping 16 other charges related to the 2015 incident. The deal was brought before Shaffer March 15 for sentencing.

But after a victim's statement was read to Shaffer, the judge rejected the deal and said, “Let's take this to trial.” That decision led Miller's lawyer, public defender Joseph Smith, to request Shaffer voluntarily remove himself from the case.

Shaffer assigned Miller's two cases to Judge Timothy McCune.

Assistant District Attorney Mark Lope opposed the move.

“It's obviously your call, your honor,” Lope said. “But we oppose the motion. There's no requirement that you recuse yourself.”

After Shaffer rejected Miller's plea deal for the 2015 sexual assault case, a second woman accused Miller of sexually assaulting her at a party in 2016.

Police contacted the accuser, resulting in Miller's arrest and subsequent detention on a $150,000 bail for charges of unlawful contact with a minor, indecent exposure, corruption of minors and indecent assault.

Both of those cases will now be heard by McCune. Miller is out of jail after posting bond earlier this month for the most recent case.

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