MARION, OH (MARION COUNTY NOW)—Marion Prosecutor Ray Grogan’s Office has filed a motion in the Marion County Common Pleas Court to grant a continuance. This will allow the Marion County grand jury extended time to return an indictment against Marion resident and City Councilman Ayers Ratliff.

On May 20, Marion police arrested Ayers Ratliff, 47, a Marion City Councilman, after he was accused of raping a 13-year-old child the previous day. According to a criminal complaint document, officers went to a school where the alleged victim stated that Ratliff had forcibly engaged in sexual intercourse with her the night before.

The complaint reported that shortly after the alleged assault, the victim sent text messages to a friend explaining what happened. The friend relayed the messages to a school guidance counselor, who contacted the police.

In a rare video statement released by Marion County Prosecutor Ray Grogan, it was acknowledged that Ratliff, who was issued a $500,000 bond on May 21, was taken into custody after a child filed a formal complaint. Grogan said that while Ratliff is “presumed innocent until proven guilty beyond a reasonable doubt,” as a city council member, Ayers is “not above the law.”

Although Grogan claimed that Ratliff would be treated as any other defendant, Grogan filed a motion to give the grand jury an extension to return an indictment as he attempts to produce additional “potentially exculpatory” evidence. Grogan further stated that the evidence may exist (not that it does exist). In the motion, Grogan told the court they learned about potential evidence on July 24, 2024.

Grogan gave the case to the grand jury at the end of May. The jury tabled the indictment and still hadn’t handed down an indictment within the 60 days as required. Grogan asked for a continuance until August 28th or for a dismissal of the case without prejudice so that he can refile the case with the grand jury at a later date.

Ratliff’s attorney, Rocky Ratliff, filed a response with the court in which he insisted that Grogan, among others, jumped the gun to arrest his client. The alleged victim, who suffers from mental health issues, has since recanted her story to prosecutors and a guardian ad litem.

According to Ratliff’s attorneys, “Prosecutor Grogan waited fifty-four (54) days from the date of the bind over before convening the Grand Jury, even though he had represented to the Court in a written motion that he was presenting this case to the Grand Jury on May 29, 2024. It is Defense Counsel’s understanding that the Defendant’s wife testified at the Grand Jury that her husband did not rape the alleged victim and the alleged victim was lying about this alleged rape and had told numerous other lies about improper alleged actions towards her by other male individuals. Also, it is believed that the alleged victim not only testified at the Grand Jury that she lied to Marion Officials, told why she lied, and recanted her statement of rape by the Defendant. In addition, according to the Court Appointed Guardian Ad Litem for the alleged victim, she recanted the rape allegation against the Defendant to him during his investigation.”

Ratliff’s attorneys moved that Grogan had not shown good cause and therefore the case should be dismissed. This is not the first time Prosecutor Grogan has failed to provide evidence to the court and defense counsel against a defendant in a timely manner.

Marion County Now emailed the following questions to Marion County Prosecutor Ray Grogan. We asked:

  1. Is there exculpatory evidence in this case?
  2. Has the alleged victim recanted her allegations to investigators and the court-appointed Guardian Ad Litem?
  3. Was there a rush to judgment in charging this case by your office?
  4. Can you proceed with the case if the alleged victim has recanted her story?
  5. Are you aware of the ongoing mental health issues surrounding the victim?

Marion County Now received the following response from Mr. Grogan: “Everything I have said publicly has been 100% correct. As I have pointed out in my Motion, the investigation is ongoing, which is why the State of Ohio has asked for an extension of time.”

Marion County Now will continue to cover this developing news story.