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barry_steelman_1127.mp3
By Brian Lazenby
Staff Writer
Hamilton County Criminal Court Judge Barry Steelman said he considered the strength of the case against two men accused of raping a mentally handicapped woman when deciding to reduce their bonds.
"It does not appear to be a particularly strong case for the state," Judge Steelman said as he reduced the bond for Justin Lynn Conner and Matthew Gregory Scott from $375,000 to $150,000.
The two men each are charged with three counts of aggravated rape and one count of aggravated sexual battery.
Defense attorney Lee Ortwein, who represents Mr. Conner, and attorney Mike Little, who represents Mr. Scott, said the initial bonds, which were set by a magistrate when the defendants were arrested June 21, were excessive.
"This bond is simply punitive against Mr. Conner because there is no way he could make this bond," Mr. Ortwein said about the initial bond.
Judge Steelman said he also believed the bonds were too high, and he took into consideration testimony Monday that forensic evidence recovered during an examination of the alleged victim still has not been sent to the Tennessee Bureau of Investigation's crime lab for analysis.
Sgt. Robert Starnes of the Hamilton County Sheriff's Department testified that the alleged victim, who is not identified here according to Chattanooga Times Free Press policy, was examined hours after the alleged incident and "possible DNA evidence" was recovered.
That evidence remains at the sheriff's department, Sgt. Starnes said.
He testified that the two defendants met the woman, who was baby-sitting at a home where they were repairing an air conditioner, and she later went swimming with them at a popular swimming spot known as "the blue hole." That is where the alleged rape occurred, he testified.
"She said both of them held her down and forced her to have sex with them," Sgt. Starnes said.
Assistant District Attorney Jason Thomas said the woman still has nightmares about the incident.
Sgt. Starnes said Mr. Conner denied raping the woman and requested a lawyer while being questioned.
Mr. Scott gave inconsistent statements, he said.
Judge Steelman scheduled a Feb. 5 trial date for both defendants after defense lawyers requested a date be set as soon as possible.
E-mail Brian Lazenby at blazenby@timesfreepress.com






