MIAMI COUNTY — The trial for a Union Twp. man accused of rape will be continued at the request of the defense attorney who also requested the case be dismissed.
On Thursday, Kevin Lennen defense attorney for William Durham, 49, of Union Twp. requested the motion to dismiss or continue the jury trial in a memorandum filed on Wednesday.
In November 2016, Durham was arraigned on two counts of rape, one count of sexual imposition and two counts of illegal use of a minor in sexually oriented materials. The trial was set to begin on Oct. 9.
The indictment states the charges stem from a reported sexual assault involving a minor under age 13. Durham entered a plea of not guilty to the charges.
Lennen stated he still has not received evidence, including last week’s request for Miami County Children Services records, which were requested for an in-camera inspection by Miami County Common Pleas Court Judge Christopher Gee. At the Sept. 18 hearing, Gee stated he will issue a written decision regarding the release of confidential Miami County Children’s Services records in the case.
On Thursday, Miami County Assistant Prosecutor Janna Parker said a new trial date has not been set. In Lennen’s memo, it stated Gee would have more time to review the requested documents from children’s services for evidence. The memo also cited Durham’s kidney disease and that his attorney is waiting on medical documents as to the steps Durham needs to take to allow him to receive life saving treatment during a trial.
Gee previously granted a portion of the agency’s records to be released to the defense in July. Lennen said the second request was due to evidence revealed from the first in-camera inspection, which yielded evidence pertinent to Durham’s case. The motion to release more records was filed Sept. 18 and requested for the second half of records to be released regarding the minor victim’s reports from November 2016 to the present day.
Prior to his decision, Judge Gee said he met with counsel prior to the hearing and expressed concern about the request made on Sept 18. Gee asked why Lennen waited two months to make the request due to the trial set to begin on Oct. 9. Lennen said he was reviewing records from the case and wanted the rest of the records reviewed. He stated he didn’t purposely request the records to cause a delay, but on a good faith basis.
Durham was released on his own recognizance due to health conditions. Durham appeared in court wearing a medical mask over his face. Prior reports state Durham receives kidney dialysis almost daily and seeks medical treatment. Durham remains out on his own recognizance with orders to have no contact with the victim.