Bound, Gagged and Raped
Brian Jury trial delayed
Apr 30, 2014 at 12:37 PM
Erie County Common Pleas Court Judge Roger Binette on Tuesday reluctantly rescheduled Brian Jury’s trial for rape, kidnapping and other charges to June 17.
Binette indicated he considers that date firm.
Jury’s trial had been scheduled to begin Tuesday in Binette’s court. The judge agreed, however, to a delay so that tests can be completed on a urine sample taken from the alleged victim in the case.
Jury’s defense attorney, Jack Bradley, said the new trial date appears to be firm.
“Judge Binette stated today that this is only the second time he’s ever continued a firm trial date,” Bradley said Tuesday. “Theonly other time was because of a snowstorm emergency because the court was closed”
Jury, 38, of the 10700 block of Strecker Road, allegedly abducted a Lorain woman at gunpoint before taking her back to his Strecker Road camper in Groton Township.
Authorities said the woman, still bound and gagged, escaped and crawled to a nearby road, where a passerby rescued her and called police.
Bradley contends that any sexual activity that took place was consensual. He said preliminary results on a urine sample taken from the alleged victim, tested at his request, showed the presence of prescription drugs and Schedule 1 illegal drugs.
The tests need to be completed and the results confirmed if the defense wants to use them in questioning the credibility of the complaining witness, Bradley said.
“They haven’t been certified yet by the toxicologist at the laboratory” Bradley said.
Erie County prosecutor Kevin Baxter said the criminal justice system stresses protecting the rights of the defendant and the defense apparently considers the test results relevant.
“That’s the nature of the criminal justice system,” he said.
It is better to wait a month or two for the trial than to do something that might force the trial to be held all over again, Baxter said.
Jury is charged with kidnapping, attempted murder, assault and multiple counts of rape.