Rape trial to last 3 days

Cary Ashby • Sep 6, 2013 at 1:07 PM

Attorneys expect a rape trial to last three days next week in Huron County Common Pleas Court.

David Barnum, 38, of 213 Park St., goes to trial Tuesday on one count of rape in connection with a June 15 incident. If convicted of the first-degree felony, he faces three to 11 years in prison, a $20,000 maximum fine and a lifetime address registration requirement.

"We're going to have a jury view; that's going to take some time," Huron County Assistant Prosecutor Richard Woodruff told Judge Jim Conway.

The suspected rape happened near the restaurant and lounge in the Holiday Lakes area in Willard, where Barnum was an employee. The Huron County Sheriff's Office arrested Barnum soon afterward and filed a rape complaint June 17.

During Tuesday's hearing, Woodruff and defense attorney John McMahon confirmed the judge's statement that there had been some discussions about a plea deal, but there had been no formal offer.

"We kicked around (pleading guilty to) sexual battery, but we don't think that's appropriate," McMahon told Conway.

A prosecutor earlier said "this was a fairly violent rape." However, McMahon has said even though the rape allegation is serious, Barnum planned to claim the incident was consensual if the case went to trial.

Barnum, who was indicted last month, is accused of engaging in "sexual conduct with another when the offender purposely compelled the other person to submit by force or threat of force," according to the indictment.

Attorneys don't expect to file any motions, but McMahon said detectives seized footage from a security camera as evidence which the state hadn't released as of press time. He said there's likely "not a lot on there," but he wanted to take a look at the footage before the trial starts. Woodruff said his office would track it down.

Barnum remains in custody at the Huron County Jail, unable to post a $75,000 bond.

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