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LISBON -- The defense attorney for an East Liverpool man charged with the alleged rape of a child filed a recent motion requesting his client be tested for competency and sanity.
Brian David McCune, 41, Dale Street, was first charged with rape, a first-degree felony, in March in Columbiana County Municipal Court, then an open indictment was issued against him by the county grand jury.
In the motion, McCune's attorney, Charley Kidder, said, "Mr. McCune has displayed erratic behavior during out pretrial conference. Defendant may be incapable of understanding the nature and objective of the proceedings against him and/or may be unable to assist in his defense."
A motions hearing and status conference was set for 10:15 a.m. June 5 before Common Pleas Court Judge Scott Washam. A final status hearing remains set for June 29, with a jury trial set for July 10.
He remains jailed under a $500,000 cash or surety bond.
According to court documents, the alleged rape of a child under the age of 10 occurred from 2014 to 2015.
An affidavit filed by a St. Clair Township Police detective said he was made aware of a sexual assault by Columbiana County Children Services and that McCune was the alleged perpetrator of the sexual conduct.
The affidavit said that McCune came to the station to speak with the detective on March 3 and allegedly admitted to performing the sexual acts on the child victim in the time period 2014 to 2015 in the child's bedroom in St. Clair Township. The child would have been 8 or 9 years old at the time.
The charge carries a possible penalty of life in prison due to the age of the victim at the time of the offense.
mgreier@mojonews.com