Man accused of rape to stand trial next month


Cunningham at a hearing on Monday

A Delaware man accused of rape, who has been in the county jail since last November, is scheduled to stand trial next month in Delaware County Common Pleas Court.

George S. Cunningham, 49, was in court Monday to schedule a hearing to determine the expert status of two potential witnesses for his upcoming trial.

Judge David Gormley selected several dates in the next month but had not determined a precise date and time because the assistant prosecuting attorney handling the case, Eric Penkal, was out of the office.

Gormley said he was trying to conduct the witness interviews before Cunningham’s trial on Aug. 11. The trial is scheduled for four days.

Cunningham was arrested on Nov. 10 after Delaware County sheriff’s deputies received a report that a juvenile had been raped by Cunningham.

Cunningham was indicted Nov. 21 on four counts of rape, which are first-degree felonies, and one charge of gross sexual imposition, a fourth-degree felony.

Cunningham is alleged to have had sexual contact with a minor girl between February 2009 through August 2009, according to court documents. The indictment also states that he raped the victim four times between Sept. 29, 2010, and Sept. 28, 2011, and between Feb. 1, 2012, and Feb. 10, 2012.

He entered a plea of not guilty to all the charges at his arraignment in November.

Judge Duncan Whitney, who retired at the end of 2014, had set bond for Cunningham at $1 million after being told by prosecutors that Cunningham frequently travels outside the country, specifically to Malaysia, and would flee the country if he had a chance. Whitney also took Cunningham’s passport to prevent him from leaving the county.

At his arraignment, Cunningham’s former attorney, Todd Workman, said that Cunningham is “independently wealthy” and does not currently hold a job.

Since his arraignment, Cunningham was retained the services of Michael Hoague, an attorney based in Delaware.

Cunningham has been in the county jail since his Nov. 10 arrest.

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