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

Fromthe419

Anyone think that neck tatoo will help him get him a job that pays more than minimum wage...geez

LoveLife

You can have tattoos any where and work in a factory, most pay more then minimum wage. Depending on ur position, a lot more. Working in maintenance my brother makes over 20 $ an hour.. And has lots of tattoos. Just saying.. :-) (inked and employed.. Making more then the minimum)

photoreal77

Fairly violent rape? Hmmm. Funny how the "victim" is all over Instagram and other social networking sites sticking her butt out in pictures with the caption of "MILF". True victims of rape do not display that type of behavior. I hope she is charged and why she hasn't been is beyond me Huron county!
As for his tattoos, once again, let the ignorant comments fly! Isn't that what you want Norwalk Reflector?

Wildbunch3

So youre saying since she has photos on a social media network with "her butt sticking out" that mean she wasn't raped? Do you know when those photos were taken....I doubt you do! If I post a picture of myself in a revealing outfit, go out to a bar and get raped....does it mean I deserved it or it didn't really happen based on a photo of myself? If that's the best defense you have for this case they may as well send him to the bath house now!!

Everyone is fam...

Ignorant comments fly? You started the ball rolling by pretending to be an expert on how rape victims behave. I dont know either person, so I don't have a horse in this race. I'm not claiming to be an expert, but just like grieving, each person is different. I'm also not saying she isn't lying...especially since that seems to be a trend lately. But just because she has pictures that you don't approve of doesn't mean she is a liar. As a matter of fact, some victims of rape/sexual abuse act out with sexuality, some with withdrawal, depression, anger, overwhelming sadness, and some bottle it up and act as if nothing happened.

photoreal77

The ignorant comments are towards his tattoos. Just because he has tattoos in uncommon locations does not automatically make him a criminal or unfit for a job.
We are not related to David however we do believe that he is the true victim.
Have you ever seen pictures of rape victims who were raped violently? I suggest you do some research.

Everyone is fam...

I didn't realize pictures depict the essence of a rape victim. "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.". This does not say she was beaten to the extent that her picture on social networks would show wounds. One does not need to do research to have common sense. Of course, a biased opinion would cloud judgement.

somescrewyname

If one cannot be honest and true to the ones they say they love, why would a stranger believe anything they say?........ " Barnum would claim the incident was consensual."......."Mr. Barnum is a Willard resident. He lives in Willard with his fianceé,". If he is going to cheat on her, he wouldn't hesitate to lie to anyone. A man is as only as good as his word.

Really are you ...

I am not defending this guy, but I had a response on one of my recent posts on here. I believe it was "Huron County 13 worst in the State for Unemployment.". A lady responded to my post saying that traditional one dad, one mom, one member working (both if you are lucky) days are over. Now it is shack up, pop a kid out, find someone new and shack up, pop a kid out... If this is the way lifestyles are now, a lady is only as good as her word also. Actions speak a thousand words, just saying'.

There was a local area lady lately that went missing, I forget where she was from. A female relation owned a bar that she frequented quite often. This local area lady left her husband and baby for some other guy. I forget the whole story, but the last I read in the paper. She was not kidnapped...

somescrewyname

I stand corrected :Really are you: I should have used the word "a person" not "a Man" of course you are right it goes both ways. but I'm from the old school and always heard it as " A man is only as good as his word" Times are a changin

somescrewyname

I stand corrected :Really are you: I should have used the word "a person" not "a Man" of course you are right it goes both ways. but I'm from the old school and always heard it as " A man is only as good as his word" Times are a changin

truthbetold77

Dave didn't rape that woman and the truth will all come out.. this woman has cried rape in the past and was found out to be a liar so those of you that don't know him need to keep your little rape comments to yourself.

prettygood39

@truthbetold77... I have to agree with u...and btw she is not MILF sorry people lol..she thinks shes a milf but NOT....I been hearin a lot and I feel she wanted it and changed her mind cuz she's married too..and it happened and she cried rape..all woman do it cuz they don't want their other to get mad they want symphathy so they call rape...

truthbetold77

Well put prettygood39.. some of these closed minded people that think all women who cry rape are telling the truth need to get out of there shells and wise up for once.. This lady was not raped.. who goes on about there business like nothing happened after they are "violently raped" ? I mean come on now it doesn't take a genious to figure that out.. hes taking it to trial and he will be found NOT GUILTY.

happycamper01

No, not all women cry rape just to keep their husband or bf from finding out and getting angry. Don't generalize because you are wrong. Some women have enough guts to own up to their actions. That would be like saying all men lie. I know many women believe all men are liars and cheaters but not all men are. Now, I don't know anyone in this story but as a professional in social services her recent or previous behavior doesn't mean she is lying about being raped. If she has lied about being raped and now she isn't then maybe the "boy who cried wolf syndrome" might catch up to her but it is not up to us to decide who is telling the truth. It is up to the criminal justice system. If she is lying then she will face the consequences. If she is not then he will. Let the evidence decide.

Dr. Information

Does Dave get a little loud when he drinks? Who doesn't. Dave is a good man and a nice one to anyone who came into the Brass Pelican when he was working. Truth is he wasn't working, was off the clock, had some drinks and he and this girl went downstairs and got it on late into the evening. She has claimed rape before and everyone around Willard knows this. I had a friend tell me she was posting pictures of that night on FB the next day. Who does this? I can tell you, someone who had regretful sex and is now trying to ruin a mans life to save face or in a lame attempt to get some money. I hope the truth really comes out.

humpty_dumpty

ANY one who believes its ok to rape a woman cause way shes dressed is IGNORENT!!!! WHY i agree some women dress little to revealing NO MEANS NO and no woman should be raped regardless what she wears!!!! I know neither this people but 1 reason many rape victims dont report rape is because they fear not being believed! ITS sicking everytime you see these storys people jump go oh she wasnt raped would you say that if it was say your sistr or mother?

humpty_dumpty

im guessing those defending him are his drinking buddys

TheJuice440

There is a lot to this story that doesn't add up.

truthbetold77

He is my friend and no hes not my "drinking buddy" Dave is a good guy.. anyone who knows him knows that this ridiculous accusation is nonsense.

dontknowmuch

Ummmm..... "good guys" don't screw around on their fiance

humpty_dumpty

There are women who fake rape but i think its sad that women are always assumed to be lieing . AS a male myself i find it sick lots men act like if a woman dresses revealing its ok assult her and acts like oh she wanted it. I dont know him personally but i HIGHLY DOUBT charges were filed without evidence!

WAIT great guy has finace but sex another woman! criminal history- prison in 2010 HMMMMMMMMM

photoreal77

Humpty Dumpty no one said anything about women who are drunk or who dresss revealing deserve to be raped. We are simply stating what we know about David and what we know about this ridiculous woman.
She likes men, she liked to cheat and she likes to lie. Dave has tattoos, a criminal record, in which he has served his time for and moved on. So HE is automatically going to look like the big bad tattooed rapist due to The Reflector posting stories such as this one pointing out his past. Why can't we point out HER past??? Oh, that's right, because she keeps getting away with her LIES!
When David is found innocent I will personally be supporting him and his family for charges to be brought against this horrible woman!!!! Better believe it!!!! I hope you are reading this heifer!

itsnotme

I have to say that I find it a great injustice that this man's name is out there as a rapist when in fact he has not even been indicted yet. No one charged with a crime like this should be "outed" until when and if a grand jury indicts him.

truthbetold77

Whats having a criminal record have to do with anything?? im so sick and tired of people judging others on there past.. people do change! obviously he did because he has custody of his daughter and he works to support his family. I have a criminal record but you know what.. I grew up and have changed.. I haven't been in trouble in a long time.. so quit being judgmental on people who have a criminal record.

mikeylikesit

we have to judge a person by their past since their future hasn't happened yet. to choose to not consider the past is to reject the opportunity to learn, and to be condemned to repeat past failure..

somescrewyname

Dang, Mikey that's heavy man.

prettygood39

I personally I hope she is charged. Cuz personally if I was raped I would never put pics of myself on fb of a night that was so HORRIBLE..ALL OF IT BS BS BS...Karma will get her big time and her little perfect world will come crashing down .she is a stuck up think she is hot and every guy wants her type of girl and those woman don't get far in life other than bein lonely and hating their life cuz of what happen its a pity thing but some woman can only do it for so long until the day comes when everyone will see her for who she actually is and that's a cheatin lying stuck up make me sick woman...

shutup419

You all have to be the most ignorant people I have ever seen. First off, there are no such pictures of the victim. Secondly, she is not married, she is single. So you all need to learn your facts before you start lying, accusing and pointing fingers. Shut up.

shutup419

And another note, she is not stuck up either, she is an average middle class working woman. Learn your facts before you speak.

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