Prosecutors Appeal Bail Decision Of Embattled Salem Judge

SALEM, MA -- Salem Superior Court Judge Timothy Feeley overturned a lower court judge's decision to hold David W. Barnes, 43, of Newton, without bail on charges of aggravated rape of a child, enticing a child for prostitution, child endangerment and sexual conduct for a fee. Feeley said in his decision those are charges that do not allow a judge to hold a person without bail. Barnes remains in custody while prosecutor's appeal Feeley's decision to the state Supreme Judicial Court.

According to the Salem News, which first reported this story, Barnes had sex with a teenage girl he met on Snapchat in an Amesbury hotel in April. Barnes works as an investigator with Novartis. The charges are considered aggravated because he is more than 10 years older than his victim. If convicted, he faces a mandatory, 10-year minimum sentence.

The specific charge of aggravated statutory rape is not listed in the bail statute, Feeley said. And because force is not a factor needed to prove statutory rape, the clause in the bail code regarding crimes that that have a substantial risk of physical force does not apply. Feeley, according to the newspaper, noted that his ruling doesn't mean he does not believe Barnes poses a risk if released.

A group of Republican lawmakers have filed legislation to impeach Feeley, saying he is too lenient in his rulings in criminal cases. Most notably, Feeley was one of two judges who reduced bail for 29-year-old John Williams after Massachusetts State Police arrested him on firearms and other charges. Feeley reduced his bail to $5,000 in March. In April, Williams allegedly shot and killed a sheriff's deputy in Maine while out on bail.

Others, however, have been quick to defend Feeley. The Massachusetts Association of Criminal Defense Lawyers issued a statement supporting Feeley and condemning efforts to impeach him, and other defense attorneys have said Feeley's detractors have focused on a handful of cases out of hundreds in nearly a decade on the bench that were all adjudicated properly under state guidelines.

More on Judge Feeley:

• New Transcript Reignites Outcry Over Salem Judge's Decisions (June 5, 2018)
• More Attorneys Come To Salem Judge's Defense (May 25, 2018)
• Defense Lawyers Don't Want Salem Judge Feeley Impeached (May 23, 2018)
• The Controversial Decisions Of Salem Judge Timothy Feeley (May 21, 2018)
• Lawmakers Push To Impeach Salem Judge (May 18, 2018)
• No Jail For Peabody Drug Dealer Because He Wasn't An Addict(May 16, 2018)

For more on this story, see the Salem News. Never miss another local news story: Get free local news alerts right to your inbox.

Patch file photo.

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).