Convicted rapist and killer under investigation again - 19 Action News|Cleveland, OH|News, Weather, Sports

Convicted rapist and killer under investigation again

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Foust in court Foust in court

19 Action News has learned one of Cleveland's most notorious criminals, convicted rapist and killer Kelly Foust, is off death row but under investigation again.

Foust was headed to death row in 2002 for raping a 17-year-old girl, killing her father with a hammer as he slept and setting the house on fire.

A federal court has ordered a new sentencing. The court found defense lawyers did not do an adequate job of investigating and bringing out Foust's horrific childhood.

And now a new investigation into a rape on the steps of a church on Cleveland's near west side days before that killing.

Ed Gallek has learned a woman ran up to officer Jim Simone as he wrote a ticket saying she'd been raped. Simone retired from Cleveland, but always had a video camera running. He captured the woman telling what had happened and who'd done it, and he still had the video from 2001.

It's not clear why that case was not prosecuted in 2001, nor is it clear if Foust can get death at his new sentencing.

Cuyahoga county prosecutors aren't saying much yet, but now new accusations for a monster who'd already been sent to death row.

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