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LISBON -- An East Liverpool man charged with rape and gross sexual imposition involving a child will face a status hearing at 9 a.m. Feb. 29.
No trial date has been set in the case against Brian David McCune, 41, Dale Street, who had been scheduled for a hearing Thursday in Columbiana County Common Pleas Court, but wasn't transported, with his attorney filing a motion for a second competency evaluation.
During a prior hearing, Judge Scott Washam said the motion would be granted. Defense attorney Charley Kidder filed the motion Thursday asking for an evaluation to determine whether or not McCune was competent to stand trial and if he meets the legal requirement of sanity.
Kidder wrote that "Mr. McCune has displayed erratic behavior during our pretrial conference," noting that he may be incapable of understanding the nature and objective of the proceedings against him. He also may be unable to assist his attorney at trial.
Kidder requested up to $1,500 to cover the cost of Coleman Health Services in Canton to provide the evaluation.
McCune remains jailed under a $500,000 cash or surety bond.
Kidder had requested evaluations earlier in the summer, citing erratic behavior displayed by his client, but at the time McCune was found competent.
According to the indictment, the sexual conduct and sexual contact began Oct. 1, 2014 when the child was 8 years old and continued through Dec. 31, 2015.
An affidavit in county Municipal Court, where the charge was first filed by a St. Clair Township Police detective, said that McCune came to the station on March 3 to speak with the detective and allegedly admitted to performing the sexual acts on the child victim in the time period 2014 to 2015 in St. Clair Township when the child would have been 8 or 9 years old.
The charge carries a possible penalty of life in prison due to the age of the victim at the time of the offense.