Updated Fri, Apr 25, 2014 11:29 am
The judge in the Jennifer Davidson case denied a motion by the defense to dismiss charges of rape, but granted a request by the prosecution for jury instructions that explain the rape charges.
Davidson, 37, Albany, has been awaiting a decision on multiple motions made by her attorney, Glenn Jones. In addition to the rape charges accusing her of raping a 10-year-old girl after taking her to a park, she also faces a kidnapping charge.
A jury trial is currently scheduled for May 6 in Athens County Common Pleas Court.
Jones and Assistant County Prosecutor Rob Driscoll have been battling back and forth on the subject of the rape charges.
Different interpretations of “sexual conduct” have been given in court filings by both sides
In Jones’ arguments, the allegations that Davidson had the girl penetrate her with a vibrator should not be considered rape in the eyes of the court. Driscoll countered that the definition of “sexual conduct” — which he put in his proposed jury instructions — includes “the use of an apparatus or device ... handled or manipulated by the victim.”
The right to speedy trial was waived by Davidson until June 30, according to an entry written by Judge George McCarthy.
Additional motions were filed, including a motion to continue and a motion for disclosure of evidence, but McCarthy has yet to rule on them, according to the Athens County Court of Common Pleas database.
There is still an ongoing battle regarding Davidson’s cell phone, allegedly used to contact an adult sex line, and whether the prosecution should be allowed to keep the phone or whether it should be given back to Davidson.
Athens County Prosecutor Keller Blackburn said his office was attempting to work with Apple to release the phone’s passcode protection.
The passcodes given by Davidson didn’t work on the phone, according to Blackburn.
McCarthy also has yet to rule on a motion by the prosecution to allow the alleged victim in the case to testify via a closed-circuit television.