WHEELING - Ohio County Circuit Judge David Sims Friday dismissed one of two charges against Corey Henry and continued Henry's trial date from Monday to an unspecified later date.
Henry, 29, of Wheeling had been scheduled to stand trial Monday on charges of abduction with intent to defile and second-degree sexual assault.
Citing what he called "a fatal flaw" in the wording of the abduction count in the indictment, Sims dismissed the charge. However, he told Assistant Prosecutor Shawn Turak she could present it again when a new grand jury meets Jan. 13.
Turak said she could amend the indictment to include proper wording, but Sims denied her request.
The judge also granted a continuance motion by defense attorney Michael Alberty based on Turak's assertion that her office has not received telephone records that could be crucial to the case. He said a new trial date will be considered on Jan. 22 during docket day proceedings for the next term of court.
Sims denied a motion by Alberty to dismiss the entire case, but he granted a motion to continue. He released Henry from jail and placed him on home incarceration because delays caused by the lack of telephone record are not his fault.
Henry is still facing a prison term of 10-25 years if convicted on the sexual assault charge, but not a possible three to 10 years for the alleged abduction.
Also at Friday's hearing, Turak served a notice of possible exculpatory evidence based upon information she said he learned Monday when a person said she had spoken to the victim after the alleged assault and the victim asked her not to share information about her whereabouts on the night of the alleged assault with a third party.
The original complaint alleges Henry abducted a woman from a bar last year and transported her to an Elm Grove residence where he sexually assaulted her. Police said Henry and the alleged victim, a 32-year-old Wheeling woman, were at the same bar Oct. 5 and left the bar in separate vehicles.
Later that night, Henry and the woman were at a second bar at the same time. Police allege Henry abducted the woman from that bar and took her to an Elm Grove home, where he sexually assaulted her.
Neither the woman nor Henry lived at that residence.
On Oct. 8, the woman reported the alleged crime to police and told investigators she awoke the next morning and Henry told her they had engaged in sexual acts. She claimed she did not remember what happened the night before.