Sunday, March 16, 2008

Man becomes ill just before trial on attempted rape, kidnapping charges


22 year old Christian Barbee, a Springfield, MA man who allegedly kidnapped his ex-girlfriend in November, sucessfully faked his illness, according to prosecutors, to get his trial, scheduled for last week postponed to July.

Barbee is being held on $10,000 bail for charges including kidnapping, assault to rape, breaking and entering, assault and battery, and malicious destruction of property over $250. The incident which led to charges took place at his ex-girlfriend's Hampden home in November.

As the trial was getting ready to begin, Barbee's lawyer Mickey E. Harris told Judge William B. McDonough that his client was ill. Prosecutor Christine M. Tetreault said she believed it was a ploy and Barbee was trying to put the case off. She said Barbee's symptoms appeared after he saw the woman in court. Barbee was brought by ambulance to Wing Memorial Hospital in custody of a court officer. When court resumed after 2 p.m., Harris told McDonough that Barbee was suffering from diarrhea and intestinal problems.

"I suggest Mr. Barbee is in no condition to proceed today," Harris said. Tetreault asked to move the case forward, saying she thought Barbee had been cleared to stand trial. But McDonough granted the continuance. Tetreault asked for a bail increase, from $5,000 on the two cases to $25,000 on each.

Barbee's bail was changed in court last week; he had been held for 90 days without right to bail. Today he was brought in from the Hampden County Correctional Center. McDonough denied the bail increase request. In arguing for the high bail, Tetreault said Barbee was heard saying he expects his mother to post the combined $10,000 bail. She expressed concern that his father is in Hawaii.

"The commonwealth believes he would not return to court," Tetreault said. "The facts of the case are indicative of the lengths the defendant will go to avoid being taken into custody. He jumped out a second-story window of a colonial home to avoid being arrested."

If Barbee makes bail, he'll be under a no-contact order with the woman, electronic monitoring, and must undergo drug and alcohol treatment.

No comments: