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

Judge says no to request about lowering rape suspect's $75,000 bond.
Cary Ashby
Jul 29, 2013

 

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 fianceé," 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.

Comments

truthbetold77

This must be the liar who says she was raped ^^^^

doc5798a

Love it when low-lifes argue with each other

shutup419

Moderators have removed this comment because it contained Remarks that discriminate based on age, race, religion, disability, etc..

truthbetold77

Yes they are facts that people including myself have stated on here. The fact is she lied about being raped and now theres a man sitting in jail that shouldn't be. So go take another shot of jack with your lying friend and post more pics on facebook.

shutup419

Hah, umm to bad, once again that this is not the victim. You are so damn stupid. Go continue with your low life, there's enough evidence that he screwed up that he can't even get parole. Obviously you are too damn ignorant to just accept the facts that you want to call a woman who you don't know a skank who is married. Umm hello she's divorced with two kids. You are an idiot. Go somewhere and make yourself useful for once because you can't even tell the truth like your name states on here. And do what my name states and shut up and let the courts do there job like they are supposed to because YOUR lies are irrelevant.

truthbetold77

I cant wait until he takes it to trial then the whole truth about your lying friend is all going to come out.. the verdict will be NOT GUILTY.

shutup419

How bout you shut the ugly pie hole you got there. K thanks. Have a nice life, karma will get you. You'll see the truth.

mikeylikesit

jerry! jerry! jerry!!!

Titleist

What kind of stupid redneck defends an accused rapist by blaming the victim? Hopefully your wife, sister or daughter is never in this situation. This dude wouldn't be in jail for 40-odd days if there wasn't a pretty good case against him.

The stupidity in these comments is unbelievable.

Titleist

The stupidity made me double post.

shutup419

@titleist thank you, that's what I am saying.

truthbetold77

Yep im blaming the liar.. not victim.. shes not a victim when she spread her legs to him willingly. So go ahead and get mad about my comments.. its making me laugh lol. and titleist.. you sound like a closed minded a$$hole.

mojorising

The classiness of the reflector and its posters are mind boggling.

shutup419

Oh sweetie, you are so close minded and stupid. Go to a library, learn some things and then come back and try and have a civil argument because you sound so dumb. And don't you worry your little heart, your "friend" will get what he deserves and stay locked up for what he has done. Learn your facts before you even try and say something else to me. You are another one of Willard's finest. Go somewhere.

humpty_dumpty

you gotta wonder what the guys supporting him do when they see a woman say dressed revealing hmmmmmmm

Everyone is fam...

I would imagine that there would have to be some sort of damning evidence if they denied bond and he has been in jail this whole time. I'm not saying our justice system isn't flawed in many ways, but there would have to be something other than "he said, she said" because even the crappiest public defender would be able to argue bond. And yes, false rape claims seem to be popping up everywhere (which is one of the most disgusting things a woman could ever do), but those defending this guy sound like they have had a personal vendetta against the victim even before this case. So people like myself, looking from the outside in, just see childish, uneducated comments, and we disregard them. Some of you are not representing your friend very well and are really making the Willard educational system look like a clown school.

arnmcrmn

His bond wasn't denied. Just clearing that up. He simply doesn't have that type of money to lay down to post bond.

Everyone is fam...

Point taken. I guess I just have it in my head that if he wasn't a threat, or they had no hard evidence, they would at the very least lower his bond. Either way, I don't know the victim or the "alleged", and hope the truth, no matter whose favor it's in, comes out.

Wildbunch3

Are you gonna publicly apologize to this woman when he's found guilty? I sure hope so!!!

itsnotme

Conversely if he is not indicted or found not guilty will there be a retraction and an apology for calling him out as a rapist? Nope...don't think so.

truthbetold77

I agree. Those upstanding citizens that are the so called victims friends wont be on here apologizing when he is aquitted.

itsnotme

If this woman was truly raped, then I hope her attacker is brought to justice. However, it is a fact that some women, for whatever reason, accuse men of this and it's just not true. And like it or not, people DO judge you by the pictures and posts on social media. If you don't want this to happen...don't post revealing and questionable photos.

humpty_dumpty

theres ovious proof for him to get no bond. I got laugh some these clowns oh hes a great man he did prison time cheats on finace.THATS not a great man you clowns! I wonder if the clowns defending him say there daughter or mother wore a top shows clevage and god forbid was pared if they would be posting the same ignorent comments!!!ITS scary some these guys views i sure hope women dont go around them if you know what i mean!!!!

FunnyButInformed

do you read the article or just the comments? He has a bond amount, just doesn't have the money.

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