The trial of the second of two brothers charged with allegedly raping a woman inside the Bel Air parking garage almost a year ago was postponed Monday after defense lawyers said one of their witnesses would not be available for the scheduled starting date.
David Eric Corn Jr., 26, of the 1100 block of Pericles Drive in Bel Air, and his lawyers appeared Monday before Harford County Circuit Court Judge M. Elizabeth Bowen to request the postponement, which Bowen granted.
Corn's lawyers also withdrew their previous request for a change of venue, which Bowen said she had denied anyway.
"We think that a fair and impartial jury can be found in Harford County," Thomas Maronick, one of David Corn's lawyers, said.
The trial had been scheduled to begin with jury selection on Oct. 15.
Maronick explained the necessity of seeking the postponement, telling Bowen: "The witness will be away at school, school far away, and we have to request a postponement."
David Corn and his brother, Ryan Corn, 22, were charged with raping and sexually assaulting a 29-year-old woman inside the public parking garage early on the morning of Oct. 11, 2014.
Following a seven-day trial presided over by Bowen, a jury on Aug. 20 found Ryan Corn not guilty of all charges, including first- and second-degree rape and multiple sex offenses. Testifying earlier in his own defense, he admitted having sex with the woman but said it was consensual.
After that verdict, David Corn, who like his brother had been held without bail since police charged them the same day as the alleged rape, was released from jail on home detention on Bowen's orders.
Bowen, in making sure David Corn was aware of the ramifications of the postponement with regard to a speedy trial, said the witness is "out of state, out of the country in this case."