The defense attorney for Terry Bowen withdrew from the case Nov. 9 at a motion hearing at the Marion County Courthouse.
Dan Baldwin was representing Bowen despite his prior experience as the prosecuting attorney on Bowen’s previous sexual crimes case.
Baldwin was Marion County attorney from 1996 through 2000. Bowen, of Peabody, pleaded guilty to solicitation of a child to commit a sex act in 1999 in the county case.
Prosecuting attorney and assistant attorney general C.W. Klebe filed a motion to use information from the 1999 case to build the current case against Bowen in which the defendant is facing two counts of rape, and one count each of aggravated criminal sodomy, aggravated kidnapping, and battery stemming from incidents occurring in a six-day period around June 23.
Bowen waived the conflict with Baldwin in an earlier hearing, but Baldwin said Bowen did not have the option Nov. 9. Baldwin is following a model rule of conduct; Baldwin would potentially be responsible for releasing information that would damage Bowen’s case.
Baldwin was appointed as Bowen’s attorney before hearings began.
“It happens a lot in small towns,” Baldwin said. “I’m one of the first two or three attorneys called for felony cases.”
Eighth District Chief Judge Michael Powers appointed David Harger of Newton to represent Bowen in the trial, which will be Dec. 13 through 15. Baldwin said he would cooperate with Harger to give the new defense attorney as much information as needed.
Kenneth Frederick was arrested with Bowen. Frederick is facing two counts of rape, and one count each of aggravated criminal sodomy, criminal threat, aggravated kidnapping, and battery.
Although Frederick’s attorney, Don Snapp of Newton, was in court in Harvey County Nov. 9, Powers approved a motion for disclosure, which states that the defense will share information with the prosecution and vice versa. Powers granted the motion, saying it was a formality, but gave Frederick a seven-day window to confer with Snapp and raise an objection. Frederick’s trial is scheduled Feb. 2 through 4.
By teleconference, defense attorney Gary Price requested a continuance for Lora Gay’s trial, originally scheduled Nov. 29.
Also in connection with Bowen and Frederick, Gay is facing two counts of rape, and one count each of aggravated criminal sodomy, aggravated kidnapping, criminal threat, and battery. Frederick, 21, is Gay’s son.
Powers moved the three-day trial for Gay to March 2 through 4 to coincide with the schedules of the judge, prosecuting attorneys, and defense attorney.