A Wellsville man serving life without parole for sexually abusing a child is asking a judge to set aside his convictions.

Spencer Kidder, 72, filed a petition in Columbiana County Common Pleas Court asking for a new trial or a hearing to present new evidence.

Kidder was found guilty by a jury in September 2023 on counts of rape, sexual battery, and gross sexual imposition. Authorities said the abuse occurred over several years during weekend visits.

In the new court filing, Kidder argues his trial lawyer did not do enough to protect his rights. The petition claims the lawyer failed to object when adult witnesses repeated the child's story to the jury.

Kidder also claims his lawyer gave him poor advice about how to appeal the case. He alleges the lawyer suggested delaying the appeal, which caused him to miss important deadlines.

The petition also challenges the medical and mental health testimony used during the trial. Kidder’s current legal team says the state did not provide proper reports or background information for some experts.

They argue that a medical professional diagnosed abuse without physical evidence and relied only on what the child said. Kidder is asking the court to review notes and records from these experts that were not part of the original trial record.

Columbiana County Common Pleas Judge Megan Bickerton has given prosecutors until late next week to respond to Kidder’s petition.

Prosecutors filed a motion on Friday in Columbiana County Common Pleas Court to dismiss Kidder's request, arguing that the appeal is barred by res judicata, which precludes relitigation of issues in a postconviction or direct appeal. The filing says Kidder failed to raise a constitutional challenge that would require a new hearing in the case. 

The judge will review the written arguments without a court hearing to decide if the case should move forward.