Brian Jury trial delayed

Trial for man accused of kidnapping, raping woman set for June 17
Tom Jackson
Apr 30, 2014

 

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.

Comments

observer1

I've heard some weak defenses before, but this one takes the cake!

Babo

Agreed. If she was under the influence of drugs than she could not consent so it's still rape. Also, what if he gave her the drugs?

Judging from the picture, Jury could try claiming little man's disease as a defense, i.e. he needs to prove his manhood by abusing women. Baxter might be sympathetic.

Seen it All

" If she was under the influence of drugs than she could not consent so it's still rape. Also, what if he gave her the drugs?"

That is what I was thinking as well. The sad truth of the matter is, the defense lawyers are going to put the victim on trail by the sounds of it, as is usually done in rape cases, and exactly why a good number of them go unreported.

Babo

Agreed, and Baxter and Binette will let it happen to pressure the victim to agree to reduced charges to avoid testifying.

I feel there's a lot more to this story and I know that a lot more of the activity goes on in the area for profit. Some of the legal players in this case do not want that to come out as some of them are compromised.

Ralph J.

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.

Babo

From the statement by Baxter he should be tested too.

Julie R.

Kevin Baxter said the criminal justice system stresses protecting the rights of the defendant all because the creepy pervert's attorney is contending that because the woman had drugs in her system any sexual activity that took place was consensual?

I agree. That has to be about the lamest (not to mention the most ignorant) excuse ever.

Julie R.

I don't think there's a jury around ~ even one with half a brain ~ that wouldn't laugh at what the attorney for this pervert is going to try and contend. One might have to wonder why Baxter and Binette didn't laugh.