Fraser rape trial adjourned after accuser fails to testify

Mario Davis (left) appears with his attorney Gary Kennedy in 39th District Court in Roseville on Wednesday. JAMESON COOK – THE MACOMB DAILY

The case of a man accused of raping a woman in Fraser after kidnapping her in Detroit was adjourned for a week on Wednesday after the alleged victim failed to appear for a court hearing, giving investigators time to locate her.

Judge Kathleen Tocco of the 39th District Court in Roseville and Fraser agreed to a final adjournment in the case of 39-year-old Mario Davis of Fraser after Macomb County prosecutors agreed to assign two investigators to search for the complaining witness.

Davis’ attorney, Gary Kennedy, opposed the postponement of the preliminary investigation and asked the judge to dismiss the case, which includes three counts of first-degree sexual abuse, a possible life sentence, and three weapons offenses.

“You’ve already had an opportunity” to locate the woman, Kennedy said. “My client has been in jail for two months.”

Assistant Macomb District Attorney Kelsey Heath obtained the adjournment after informing Tocco that the woman could not be located despite attempts to reach her at two phone numbers, but she had received a promise from her office that two investigators would attempt to find her and serve her with a subpoena.

Fraser public safety officials were unable to send two officers to search for her in Detroit on Friday due to staffing issues, Heath said. A Fraser police detective told the judge that the two-man detective bureau was down to one man due to the departure of an officer and the position would be filled on July 15. A supervisor decided two officers were needed for the search and the department could not afford to send two officers on Friday, he said.

Tocco, who pointed out that the case had already been adjourned once at the request of prosecutors, said she agreed to one final delay.

She has postponed the appointment until next Wednesday.

The alleged incident occurred on April 28, when the woman called 911 and told police that an unknown man had abducted her at gunpoint and taken her to a residence in the 16000 block of 13 Mile Road between Groesbeck Highway and Hayes Road, where penetrative assaults occurred, police said.

Officers said they went to the residence, observed the suspect attempting to leave the home and arrested him. While searching the residence, officers said they found the suspected weapon used in the robbery and other evidence of the alleged crimes.

Davis remains held in the county jail on $500,000 bail.

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