Attorney argues man should be granted bail because of acquittal in W.Va. on similar charges
By Alex Bridges -- firstname.lastname@example.org
WINCHESTER -- A judge denied bond for a man accused of sexually abusing a child despite his acquittal on similar charges in West Virginia in November.
Robert Lee Shade, 52, currently held at the Northwestern Regional Adult Detention Center, appeared in Frederick County Circuit Court on Monday on charges of rape, two counts of aggravated sexual battery, indecent liberties by a parent, guardian or custodian, and object sexual penetration.
Shade's attorney, Christopher Collins, asked retired Judge Herman A. Whisenent Jr. to grant his client's release on bond. In his motion, Collins argued a jury in West Virginia had acquitted his client on two similar charges in a trial that included evidence and testimony that relates to the alleged offenses Shade has in Frederick County.
Shade testified he could find a place to stay, probably in a room his former employer rents in White Post. Shade could not give an exact address. Shade said he could resume working for a local trucking firm if released.
Assistant Commonwealth's Attorney Fahnda Hashish objected to Collins' request, noting Shade gave no indication he had a place to stay. She also argued Shade may be in close proximity to children.
Whisenant sided with the prosecutor on the issue of where Shade would stay if released. "I need an address," the judge said.
A Frederick County Circuit Court grand jury indicted Shade in August on one count each of rape, aggravated sexual battery, indecent liberties taken by a parent, guardian or custodian, and object penetration, all of which authorities allege involved a 4- or 5-year-old female victim around Oct. 30, 1994. A different grand jury had indicted Shade in December 2009 on a single count of aggravated sexual battery authorities say occurred in July that same year.
A jury in Berkeley County Circuit Court on Nov. 9 found Shade not guilty of one count each of first-degree sexual assault and sexual assault by a parent, guardian or custodian, according to records. Berkeley County authorities had accused Shade of committing the crimes against a girl in April 2008 and September 2009. Shade had remained held in the Eastern Regional Jail in Martinsburg, W.Va., on a $100,000, cash-only bond while he awaited trial.
The alleged victim in the 1994 cases in Frederick County came forward when she learned of Shade's charges in West Virginia, according to Commonwealth's Attorney Glenn Williamson.
Collins also filed a motion requesting approximately $1,100 in state funds to pay for a transcript of Shade's Nov. 9 jury trial. The Berkeley County Circuit Court would not provide him with a copy of the transcript for free, he said. Whisenant granted Collins' motion over the prosecutor's objection.
Shade is due back in Frederick County Circuit Court on March 12.