STANARDSVILLE — A Ruckersville man pleaded not guilty on Tuesday to 41 charges related to child sex crimes.
David E. Totten, 37, is facing 31 felony counts and 10 misdemeanor charges in relation to incidents involving five juveniles.
Brian Jones, Totten’s defense attorney, moved to sever the charges into five separate jury trials.
“There are five different victims,” Jones stated. “The commonwealth wants to try them together.”
Greene County Assistant Commonwealth Attorney Morgane Zander said the facts are very similar in each of the cases, including the age and gender of the victims and where the crimes are alleged to have occurred, so the counts should be tried together.
Jones said that while four of the victims shared some similar circumstances, the alleged crimes were different, as some alleged inappropriate touching, others oral sex or sodomy.
Jones said he believes that doesn’t rise to the definition of idiosyncratic evidence to show by the same person and that having all victims in one trial would be “prejudicial.”
General District Judge Claude Worrell severed one of the cases from the others.
Totten waived his right to a speedy trial in both cases to give his defense attorney more time to prepare for the first trial, which will involve four of the alleged victims.
The first trial is scheduled to begin Nov. 6. The second has been set for Dec. 12. A motions hearing has been scheduled in the same court for Sept. 17.
Totten was arrested on Feb. 15 and has been held without bond at the Central Virginia Regional Jail in Orange. He is facing 14 counts of felony sodomy; 10 felony counts of taking indecent liberties with a child; seven felony counts of distribution of a controlled substance to someone under 18 years old; five misdemeanor countss of causing or encouraging acts rendering children delinquent or abused; and five misdemeanor counts of sexual battery.