Jack Bradley, defense attorney for Brian Jury, 38, of the 10700 block of Strecker Road, accused county prosecutor Kevin Baxter of failing to promptly provide him access to evidence as the trial date approaches.
On Nov. 1, Jury allegedly abducted a woman at gunpoint in the Lorain area and took her back to his camper on Strecker Road in Groton Township. Once there, he gagged her, bound her hands and feet and repeatedly raped her, investigators have said.
After he left, the woman broke free and made her way to a nearby road, naked and bound, where passersby came to her aid and called police.
When Lorain police stopped Jury a few hours later on his motorcycle, he had two loaded handguns on him. He was hit with weapons charges in Lorain County, and in Erie County he faces trial for rape, kidnapping and felonious assault. He remains in the Erie County jail on $350,000 bond.
In Monday’s hearing in Erie County Common Pleas Court Judge Roger Binette’s courtroom, Bradley asked the judge to consider lowering Jury’s bond. The hearing had been scheduled for earlier this month but was delayed because of bad weather.
Bradley said any delays were not his fault, nor Jury’s.
“I don’t think we’re in this position because of anything either myself or Mr. Jury have done,” Bradley said.
Said Baxter: “You’re in this position because he was indicted. That’s why he’s sitting here.”
Bradley said he has asked Baxter to provide him more evidence, including the alleged victim’s text messages, cell phone records and any recorded statements, as well as a list of possible trial witnesses and the results from crime lab tests conducted on evidence seized from the camper.
“There’s quite a bit of material I have not received,” Bradley said. “I do need a lot more discovery on this case.”
Said Binette: “I’ve not found the (prosecutor) to be withholding evidence. We want to make sure you get all the documents you’re entitled to.”
Baxter seemed nonplussed.
“Quite frankly, I don’t appreciate the grandstanding on this thing,” he said.
Binette and Baxter said Bradley would receive all the material by Monday or today.
Binette, a stickler for adhering to scheduled dates, has slated the next hearing for Feb. 24, and the start of the trial for March 4.
“I have to be concerned about speedy trial rights,” Binette said. “I’m not going to let the calendar run out.”
Erie County detectives said forensic tests on items found in Jury’s camper show no evidence that other possible victims were ever in the camper.