ZANESVILLE, Ohio — A Zanesville man convicted of attempting to rape a 12-year-old child will remain in prison after an appeals court rejected his effort to overturn his convictions.
Benjamin Mercer, 29, was found guilty by a jury on June 26, 2025, following a two-day trial. He was convicted of attempted rape of a child under the age of 13, a first-degree felony, and gross sexual imposition involving a child under 13, a third-degree felony.
The victim was 12 years old at the time of the offense.
Mercer appeared before Muskingum County Common Pleas Court Judge Gerald Anderson on Oct. 20, 2025, and was sentenced to a minimum of 16 years in prison.
He is currently incarcerated at Noble Correctional Institution and has an expected release date of Feb. 6, 2041.
Mercer later appealed his convictions, raising three primary arguments. He claimed prosecutors misrepresented a message sent from jail, alleged prosecutorial misconduct affected his right to a fair trial and argued the trial court improperly limited the defense’s ability to cross-examine a witness about the jailhouse communication.
The appeals court rejected all three arguments, finding each lacked merit.
In reviewing the case, the court considered the evidence presented during the trial as well as witness testimony and determined there was sufficient evidence to support the jury’s verdict.
The appellate court also rejected Mercer’s argument concerning cross-examination, finding the trial record did not support his claim that the defense was completely prevented from questioning the witness about the jailhouse communication.
Judges similarly found no evidence that prosecutors engaged in misconduct or improperly influenced the jury.
In its decision, the court pointed to testimony from witnesses, particularly the victim, along with printed copies of messages Mercer sent to the victim as evidence supporting the convictions.
With the appeal denied, Mercer’s convictions remain in place and he will continue serving his prison sentence.
