Rape trial begins at Tuscarawas County Courthouse
NEW PHILADELPHIA – A jury trial is under way at the Tuscarawas County Courthouse for a 79-year-old Newcomerstown man accused of sex crimes involving a child under 10 years old.
David J. Abate has pleaded not guilty to rape and gross sexual imposition. A November 2025 indictment alleged the felony offenses occurred in 2023.
The trial was delayed several times, including for a competency evaluation.
Abate was initially held in the Tuscarawas County Jail on a $25,000 bond, but Judge Michael Ernest rescinded that in February. Abate was released on his own recognizance with an ankle bracelet and transported to the Valor Home for homeless veterans in Akron.
Court records indicate the jury was called on Tuesday. Attorneys were presenting evidence on Thursday.