LIMA — Jurors were sent home early Friday in the trial of a man accused of raping his girlfriend while attorneys argue over whether the defendant’s past can be used against him.
The prosecution wants to present evidence about Brooks Howton’s past including alleged assaults on other women. Assistant Allen County Prosecutor Terri Kohlrieser said it’s fair game since Howton took the stand in his own defense saying his girlfriend assaulted him. He said he was physical with her in self defense and out of frustration. He told jurors his actions on Aug. 7 at his girlfriend’s house were completely out of character for him.
Howton’s attorney wants to keep evidence on Howton’s past from being presented to the jury.
Judge Jeffrey Reed told the jury he hopes to finish the trial Monday. Attorneys will argue their sides without the jury present, and Reed will make a decision.
Howton, 33, is charged with two counts of rape, aggravated burglary, felonious assault and kidnapping. Kohlrieser said he violently attacked his girlfriend after drinking and accusing her of cheating on him.
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