Charges dropped against landlord

~ Prosecutors now believe Fred Barnard did not turn the heat on in a tenant's apartment in August.

Problems with the victim's testimony forced Cape Girardeau County prosecutors to drop a case against a landlord accused of turning up the heat on a tenant.

Fred Barnard, 62, of 243 County Road 438 was scheduled for trial Thursday in Perry County. The case fell apart when the tenant, Sonda Owens, was brought in for a sworn deposition, Prosecuting Attorney Morley Swingle said.

"We now believe the landlord did not turn the heat on in that apartment," Swingle said Tuesday. "It could only be adjusted from the inside of the apartment."

Police were called Aug. 6 to the apartment Owens rented from Barnard at 618 North St. Owens, who complained of asthma and high blood pressure, was found in an apartment that had reached 125 degrees. The heat was on and the apartment thermostat did not appear to control it, Cape Girardeau police reported.

Owens and Barnard were in the middle of a dispute over unpaid rent and appliances that were either broken or otherwise not working. Barnard sued Owens for eviction, winning her ouster and a $1,847 judgment for unpaid rent.

The case was moved to Perry County on a change of venue.

Prosecutors became concerned about the case while questioning Owens, Swingle said. "There were serious discrepencies" in Owens' testimony that could not be reconciled, he said.

The information available to prosecutors also showed the heat in Owens' apartment could not have been turned on from the basement, as she claimed.

"We had real questions whether the landlord committed a crime," Swingle said. "The assistant prosecutor had a chance to hear the victim's complete testimony under oath and completely lost enthusiasm for the case."

The decision to dismiss the case was made in mid-December, Swingle said.

Barnard's attorney, Malcolm Montgomery, did not return a call seeking commment.

rkeller@semissourian.com

335-6611, extension 126