The Marion police officer accused of rape pleaded not guilty to five felony charges on March 2.
Brendan Damron, 24, was arrested and charged with the rape of an adult female family member on Feb. 13. He was later indicted for five felony charges: two counts of rape, two counts of gross sexual imposition and one count of abduction.
Damron’s attorney, Joel Spitzer, has called for Marion County Sheriff Matt Bayles and Marion County Prosecutor Ray Grogan to recuse themselves from the case.
Both parties declined. Bayles stated the reported incident happened in the sheriff’s jurisdiction and that his office is independent of the police department. Grogan stated his office does not have a conflict of interest in the case and will prosecute.
In a court filing March 4, Spitzer asked the court to appoint a special prosecutor and disqualify the Marion County Prosecutor’s Office from trying the case. The request comes in part because the defense plans to call a witness from the prosecutor’s office.
“The unique circumstances of this case — an assistant prosecutor serving as a material witness and the existence of substantial personal and professional relationships between the prosecutor’s office and law enforcement — create actual and structural conflicts of interest that threaten the fairness and integrity of these proceedings,” the document read.
The state had not filed a response by 1 p.m. on March 4 and Grogan did not respond to a request for comment.
No other court dates have been scheduled.
This article originally appeared on Marion Star: Marion police officer pleads not guilty to rape charges
Reporting by Abby Bammerlin, Marion Star / Marion Star
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