Preliminary hearings set for 2 rape suspects

Suspects in case of 12-year-old girl and of 62-year-old deaf woman return to court March 16.

MIDDLETOWN — Two area men charged with rape will be back in Middletown Municipal Court at 2:30 p.m. March 16 for their preliminary hearings.

Middletown Judge Mark Wall kept bond at $555,000 for Jerry Birt, 30, of Middletown, during his arraignment Wednesday afternoon.

Birt is charged with raping a 12-year-old girl, a first-degree felony; intimidation of a witness, a second-degree felony; and misdemeanor charges of reckless operation and driving while intoxicated.

Middletown police Detective Fred Shuemake said the alleged abuse of the female juvenile spanned more than five years.

A neighbor witnessed “some aspect of the sexual conduct” and reported it to police, he said. As officers were responding to the report Sunday evening, Shuemake said Birt allegedly tried to run down the neighbor with his car.

Before he was led out of the courtroom, Birt tried to make eye contact with relatives who were sitting in the back of the room. He was quickly escorted out of the court and back into Middletown Jail.

A few minutes earlier, bond for Robert Newbraugh, 56, of Moraine, was set at $200,000. Newbraugh, who is deaf, is charged with raping a 62-year-old woman, who also is deaf.

Wall set Newbraugh’s preliminary hearing and asked that two interpreters be in the courtroom.

When the alleged sexual assault occurred Nov. 10 in the woman’s residence, she told Middletown police she was “adamant” about not filing charges against Newbraugh. No rape kit was processed by police.

But she recently contacted police and told them she wanted to file charges.

Attorney Jeremy Evans represented both rape suspects.

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