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MARLBOROUGH — A local man arrested Wednesday on charges he raped a 7-year-old child was ordered held without bail after he ignored a judge's warning not to contact the alleged victim.
Jason M. Eberhardt, 32, of Marlborough was ordered held without bail yesterday by Marlborough District Court Judge Andrew D'Angelo.
On Thursday, Judge Jonathan Brant had denied a prosecutor's request for $10,000 cash bail and released Eberhardt without bail with multiple conditions, including that he not contact the alleged victim or any witnesses.
Assistant District Attorney Erin Bell told D'Angelo that Eberhardt called the alleged victim twice Thursday afternoon from a pay phone near a sandwich shop.
"The defendant, despite assertions he would not violate the order, went out and violated the order," she told the judge.
Bell told D'Angelo that Eberhardt called the alleged victim, hung up, called back, and identified himself as "Detective Brady" of the Marlborough Police.
"There is no 'Detective Brady,"' Bell said. "The alleged victim hung up the phone and called police."
When police arrived at the D'Angelo sandwich shop on West Main Street, they found Eberhardt walking nearby and arrested him, Bell said.
Stephen Bitsoli, Eberhardt's court-appointed bail attorney, said in court Eberhardt called to get phone numbers from his cell phone, which is at the alleged victim's house.
"There were no threats," Bitsoli said. "He was just trying to get information from the cell phone that was his."
Marlborough Police arrested Eberhardt at 4:24 p.m. and charged him with violating an abuse prevention order.
Jessica Venezia, a spokeswoman for Middlesex District Attorney Gerard Leone, said Eberhardt also faces a probation warrant for violating a term of his release.
D'Angelo rejected Bistoli's argument.
"He has violated a special condition of release and I do not believe any conditions can assure the safety of the alleged victim or the community," D'Angelo said.
Bitsoli said Eberhardt is on medication for bipolar and anxiety disorders and sees a therapist.
D'Angelo set bail for Thursday's charges at $10,000 cash, although Eberhardt will not be able to post bail for 90 days at the earliest.
Eberhardt was charged with statutory rape of a child and violating an abuse prevention order. Authorities allege he raped a 7-year-old child in December 2007. Police have said they are not commenting on the case, and court records are impounded because of the statutory rape charge.
Venezia said Eberhardt faces a maximum sentence of life in prison if convicted of statutory rape of a child. Bell said in court Eberhardt is also wanted on bench warrants from California on drug charges.
His next court date is May 29 in Marlborough District Court.
The judge is a fucktard for setting bond so low the first time!!
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May 3rd, 2008, 02:15 AM
Jason M. Eberhardt raped a 7 year old, bonded out then contacted the victim.
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