Ron Welch
Muskingum County Prosecutor
FOR IMMEDIATE RELEASE
Tuesday, August 4, 2026
Benjamin Mercer Loses Appeal and Will Continue Serving 16 Year Prison Sentence
(ZANESVILLE, OH)
On June 26, 2025, after a two-day jury trial, Benjamin Mercer, 29, was found guilty by jury of Attempted Rape of a child under 13, a felony of the first-degree and Gross Sexual Imposition of a child under 13, a felony of the third-degree. At the time of the crime, Mercer’s victim was 12 years old.
On October 20, 2025, Mercer appeared before Judge Gerald Anderson in the Muskingum County Court of Common Pleas and was sentenced to a minimum prison sentence of sixteen (16) years.
Mercer is currently serving his sentence at the Noble Correctional Institute with an expected release date of February 6, 2041.
Additional details of the case: https://www.muskingumprosecutor.org/News-Events/Man-Convicted-Of-Sexual-Assault-By-Jury-Faces-16-To-21-Years-In-Prison/276/
Benjamin Mercer filed an appeal seeking to overturn his conviction in the case. The appeal included three arguments from Mercer: The State mischaracterized a jail message, that prosecutorial misconduct affected the fairness of his trial, and that the trial Court made an error by precluding the defense from cross-examining the State’s witness regarding the jail message introduced at trial. Each argument was found to be “without merit”.
The Court of Appeals reviewed the entire trial, weighed the evidence, considered the credibility of witnesses and determined the evidence presented at the hearing was sufficient for the jury to find Benjamin Mercer guilty.
In their response the Court of Appeals noted regarding the defense’s argument that, “the argument mischaracterizes what transpired during trial, as the appellant was not conclusively precluded from cross-examining the witness regarding jailhouse communication.”
The Court of Appeals also noted that the Prosecutor, “did not elicit improper inference.” Concluding that there is no evidence supporting Mercer’s claim of prosecutorial misconduct.
In their closing of the appeal the Court of Appeals determined, “…ample evidence was presented to the jury through the testimony of the witnesses, especially that of the victim, as well as printouts of the appellant’s messages to [the victim], which the jury found compelling and supported its guilty verdict on both charges.”
"The Court of Appeals has confirmed what we have maintained from the beginning: this case was prosecuted fairly, ethically, and in full compliance with the law,” said Prosecutor Welch. “Allegations of prosecutorial misconduct are serious, but they must be supported by facts not speculation or disagreement with the outcome. This decision reaffirms the integrity of our prosecutors and the justice that was achieved for the victim."
Court of Appeals Response: https://www.supremecourt.ohio.gov/rod/docs/pdf/5/2026/2026-Ohio-2995.pdf
Benjamin Mercer will continue to serve the remainder of his sixteen-year prison sentence.
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