Mary Alice Reporting – A New Philadelphia man who has been in custody since May on a child rape charge requested his bail be modified.
Timothy Blue, 40, is in the Tuscarawas County Jail awaiting his trial, set for December 17th, for an alleged rape of a child that occurred over multiple years.
Monday’s court hearing related to a motion filed by Defense Attorney Mark Perlaky to modify the bail conditions for Blue to live in a rented room on Front Street where he previously resided and the other option relayed to the court was the Lutheran Metropolitan Ministry Shelter in Cleveland.
“Speaking directly to the possibility of Blue being a flight risk, he does not have any connections that can allow him to flee jurisdiction. He does not have any intention of fleeing.”
Tuscarawas Prosecutor Scott Deedrick noted that trust in Blue to not flee was only by his words, which Perlaky pointed out that Blue would need to be out of jail to prove.
Deedrick added that Blue should not be released based upon a June entry made by Judge Edward O’Farrell.
“You indicated that the accused poses a substantial risk of physical harm to the alleged victim in this case, of the alleged victim’s mother, and that no release conditions will reasonably assure the safety of those persons and other members of the community. Nothing has changed since that time.”
Deedrick said that there was also concern about the Front Street residence and the home owner having potential knowledge of some alleged acts on a separate matter. The judge decided to withhold a decision until the community corrections could complete an investigation of the two locations.
Current charges against Blue include sexual battery; as well as pandering obscenity and sexually oriented matter involving a minor. New Philadelphia Police had reported that the victim indicated the abuse started at 7 years old and progressed until she was 10.
A second separate indictment is pending for grand jury review related to the discovery of 78 confirmed depictions of obscene child material on Blue’s laptop.
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