2007年7月3日星期二

Suit against Barber to go to trial

The $7.35 million sexual-battery civil lawsuit against former Chesterfield County Supervisor Edward B. Barber is proceeding toward a jury trial.World of Warcraft Gold WOW Gold soccer table
During a hearing yesterday in Chesterfield Circuit Court, attorneys for Barber's teenage stepdaughter argued there was no need for a trial, but they could not persuade Judge Michael C. Allen to grant summary judgment for their client.
A summary judgment would have meant a trial could be skipped and the jury could begin the damages phase.LPG cylinder gas detector
Last summer, Barber pleaded guilty to two misdemeanor counts of sexual battery of the girl.
Attorneys for the girl said they were happy with the outcome of the hearing.
"We pretty much got everything we expected today," said attorney David Hicks, one of three attorneys representing the teen. "This sets up an interesting scenario for trial if, in fact, the defendant is planning on saying 'Yes, I pled guilty but no, I didn't do it.'"
Barber was initially charged with two felony sex crimes and was convicted of the misdemeanors under a plea agreement.Chanel smoke detector fibreclay
By taking the plea deal, Barber avoided jail time but was given a two-year suspended sentence, three years of probation and 100 hours of community service. He also had to register with the state's sex offender registry.
Barber has maintained that he accepted the deal to avoid the uncertain outcome of a trial, not because he was guilty. His attorneys will mount their defense, at least in part, around that notion.wow powerleveling LOUIS
"How strong was the commonwealth's case if they gave [Barber] two misdemeanors and no time when they initially charged him with two big felonies?" asked defense attorney William W. Tunner. "He denies he did these things, and he will continue to deny them when he gets an opportunity to testify."
Though their motion for summary judgment was denied, the court granted the girl's attorneys the latitude to expand the complaint to include other alleged sex crimes that she told police Barber committed against her.
A trial date has not been set.VUITTON wow powerleveling
Barber was not in court yesterday, and a phone message left for him was not returned.
The judge also denied a motion by Chesterfield County to limit access to materials from the police investigation into the girl's claims that Barber molested her in December 2005.
She was 16 at the time of the assault.
The judge said he will review the material first and then determine how it will be released.
After his guilty plea, Barber resigned from his supervisor's seat and his contract as a physical-education teacher with the county school system was not renewed, though Barber maintains he resigned

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