LIMA — A Sidney man charged with two counts of rape for allegedly forcing himself sexually upon an adult female earlier this year made an appearance in Allen County Common Pleas Court Monday.
Brandon Smith, 36, was in court for the purpose of formally waiving his constitutional right to a speedy trial. Smith is represented by public defender Greg Donohue, who told the court he is still receiving discovery documents from the prosecutor’s office and needs additional time to prepare for trial. Judge David Cheney subsequently scheduled a jury trial for Oct. 1.
According to sketchy court records, Smith on or about April 21 of this year did “by threat or force … engage in sexual conduct with Jane Doe,” an adult female. Court documents state that information contained in the affidavit is limited because it could “seriously jeopardize the investigation (and) seriously prejudice all parties involved.”
It was not clear where the alleged incident occurred.
During Monday’s court appearance, Assistant Allen County Prosecuting Attorney Tony Miller officially put on the record a plea deal the state will leave on the table until Sept. 1. Miller said his office is offering Smith the opportunity to plead guilty to two counts of sexual battery, felonies of the third degree.
The maximum penalty for the sexual battery charge is five years in prison; the first-degree rape charge carries a maximum prison term of 11 years.
Donohue said his client has not had an ample amount of time to consider the state’s offer.
Reach J Swygart at 567-242-0464.