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Judge lowers bond for rape suspect

July 7, 2012
By ASHLEY RITTENHOUSE , The Marietta Times

McCONNELSVILLE, Ohio - Bond has been lowered for the former Stockport mayor, who has been accused of rape, but his attorney said he expects him to remain in jail.

A motion to lower the bond for Shane Shuster was approved during a hearing in Morgan County Common Pleas Judge Don Favreau's courtroom Friday morning.

Bond for Shuster was lowered from $1 million to $500,000 during the hearing. He remains in the Southeastern Ohio Regional Jail just outside Nelsonville, according to jail officials.

"We're pleased the judge saw it fit to reduce the bond...but it makes posting bond out of reach. He's not in a position to post the bond," said Shuster's attorney, Rolf Baumgartel.

Shuster would be required to post at least 10 percent of the bond.

Shuster, 38, of 1800 South St., Stockport, is facing 10 counts each on charges of rape, gross sexual imposition and sexual battery.

He was arrested March 7 after Morgan County Children Services submitted allegations of a rape of a juvenile to the Morgan County Sheriff's Office. Shuster is accused of engaging in sexual conduct with a family member beginning in 2006 when the girl was under 13 years of age.

Following his arrest in March Shuster's bond was set at $1 million by Judge Michael Lowe.

Bond in the case has proven to be a source of contention between the two parties, with the state arguing Shuster's business connections in the Morgan County community provide the opportunity for him to abscond.

Baumgartel said he believes the $1 million bond was much too high and while he filed a motion for it to be lowered he didn't request that it be lowered to a certain amount.

"It's so far above and beyond what's necessary in this case," Baumgartel said.

Shuster, who was elected mayor of Stockport in November 2011, entered not guilty pleas on all 30 counts on April 18 after having been indicted by the Morgan County grand jury on April 13.

Baumgartel said he argued bond should be lowered for several reasons.

"The main arguments we made were the financial situation - that he has no access to any funds at this time - and the physical examination of the alleged victim in this case...doesn't rule out but certainly doesn't support allegations that Mr. Shuster engaged in sexual intercourse with her," Baumgartel said.

A message left with Morgan County Prosecutor Mark Howdyshell was not returned Friday.

Howdyshell has said the $1 million bond was appropriate based on the nature and circumstances of the crime.

The trial for Shuster is set for 9 a.m. Aug. 9 in Favreau's courtroom in McConnelsville.

 
 

 

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