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Man accused of 'fairly violent rape' would claim consent during trial, defense attorney says

Cary Ashby • Aug 4, 2013 at 7:40 PM

A judge declined to lower the $75,000 bond of a rape suspect Monday.

David Barnum, 38, of Willard, is charged with rape in connection with an incident about June 15. If convicted of the first-degree felony, he faces three to 11 years in prison.

Barnum is accused of engaging in "sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force," according to court records.

"We know the allegations are serious," defense attorney John McMahon told Huron County Common Pleas Judge Jim Conway during Monday's hearing.

McMahon said his client is prepared to take the case to trial and if he did, Barnum would claim the incident was consensual.

In response, Huron County Assistant Prosecutor Daivia Kasper said the supposed facts of the case indicate "this was a fairly violent rape."

The Huron County Sheriff's Office arrested Barnum in mid-June. Chief Deputy Ted Patrick has said the suspected rape happened outside a Holiday Lakes location in rural Willard.

"The incident allegedly happened in the Holiday Lakes area outside the restaurant and lounge area. ... The victim is a 37-year-old female from Willard," Patrick said.

Deputy Ted Evans filed the rape complaint in Norwalk Municipal Court against Barnum on June 17. Eight days later, the case was transferred to common pleas court for a possible grand jury indictment.

Barnum, who hasn't been indicted, has been in custody at the Huron County Jail since his arrest.

"Time is ticking -- 46 days in custody. ... The speedy trial (date) is running," McMahon said Monday.

"This case was not presented to the last grand jury. I believe the next grand jury (session) is in two weeks," McMahon said.

"Mr. Barnum is a Willard resident. He lives in Willard with his fianceƩ," the defense attorney said.

Kasper said the defendant, who went to prison in 2010, has a criminal history which includes failure-to-appear charges and "violation of protection orders."

The prosecutor also said the state would be reluctant to agree to lowering Barnum's bond unless the court placed the suspect on an ankle monitor and ordered him to have no association with the victim and witnesses.

Conway, citing the seriousness of the rape charge and Barnum being a "significant flight risk," declined to amend the bond.

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