By Meladi Brewer

DailyAdvocate.com

GREENVILLE — Mark Barberine was released on his own personal recognizance bond, as his defense attorney needs more time with him before his trial. Judge Travis L. Fliehman presided.

Barberibe, 58, of Greenville, appeared in court Monday for a bond hearing after his defense attorney, Randall Breaden, filed a motion in the court a week prior. The hearing had been moved to allow ample time for the alleged victims to either appear in court to make a statement or to send one in.

Two of the alleged victims sent in letters regarding their concerns about Barberine potentially being released. Breaden advised he had reviewed the letters, and reminded the court that bond is set to ensure appearance of the defendant and public safety.

“In order to only have a cash bond, the court would have to find that one this is a capital offense. It is obvious not,” Breaden said. “Two, he is a person charged with a felony with evidence of a person at risk of serious physical harm, not financial harm, to a person or the community.”

Breaden said the alleged victims in Barberine’s case are mainly concerned that if Barberine is released on bond that he would continue business affairs that would harm future victims. Barberine was agreeable to the conditions he would not operate any business in any way, and there would be no potential harm to future alleged victims in the future.

“That would basically allay the concerns from what I read in the letter. The rest of the letter appears to be much more vindictive, and I would remind the victims that Barberine is, at this stage in the process, is presumed to be innocent,” Breaden said.

He reminded the court that this notion is outlined in the Constitution. Breaden would like to ask that moving forward, this mindset be carried throughout until proven otherwise.

“The victims may not like that, but the bottom line is at this point in time he is not convicted of anything,” Breaden said.

Breaden advised Barberine is not a flight risk, does not have a history with drug use, he does have two priors in Miami County and Montgomery County. He does not believe that Barberine is a presumed flight right nor has he caused physical harm or danger to others and requested an OR bond.

Prosecutor James Bennett then addressed the court stating he did not believe its fair to scold the victims.

“I really don’t think that the victims need to be lectured here. I think they have every right to be upset,” Bennett said. “This man stole a lot of money from a lot of people, and I still have missing vehicles.”

Bennett just added an indictment the previous week with six more victims. He said the State has not changed their mind regarding bond, and asked bond continue. Bennett also advised the court that Barberine does have a holder on him through Miami County as of July 12th, and one of the alleged victims was present in the court.

“Due to the nature, the number, and the geographical scope of the allegations, and my personal experiences with Mark Barberine, I would like to make the claim that any bond reduction, or any action taken by the court that would directly or indirectly aid or facilitate Mark’s access to the public is directly and undoubtedly a compromise to public safety,” the alleged victim said.

Judge Fliehman advised Barberine that the court has thought long and hard about their decision regarding bond. He prefaced on the notion that the defense attorney and Barberine need to spend some time going through records and have access to a computer.

“Doing that via jail was impractical or improbable, so the court is going to do a temporary preve and do a modified bond,” Judge Fliehman said.

An OR Bond with electronic monitoring house arrest (EMHA) was put into place effective July 30th at noon. Judge Fliehman added a few more things to the conditions of bond. Barberine’s only permissions will be to attend court and to meet with his attorney. Understand Barberine resides in the 100 block of Power Drive, and therefore he will be expected to be at that location at all other times.

“Even if he needs a cup of sugar or egg, he is not to go to the neighbor’s house,” Judge Fliehman said. “No contact with any alleged victim.”

This includes personally or through third party. The court also added that Barberine is not to have any contact with past or current customers. Barberine shall not engage in any financial transactions including online transactions.

“Basically Barberine’s sole reason for being given leniency with bond is to give him and his attorney the opportunity to prepare more prudently for trial. Otherwise nothing else should change,” Judge Fliehman said.

In regards to the holder in Miami County, Judge Fliehman said that it is a matter Miami County will have to work out, but he has set forth Darke County’s terms regarding bond. Barberine’s trial dates are set for Aug. 20th, 21st, 23rd, 26th and 27th. The reasoning for skipped days is due to Grand Jury dates that had previously been set.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].