Judge: Bodenweiser can leave his home

A former Senate candidate facing rape charges will be allowed to leave his home while he await trial.

After five months of home confinement, Eric Bodenweiser was told he could leave his home on the condition he is monitored by GPS.

Bodenweiser was arrested in October on 39 charges of first-degree unlawful sexual intercourse and 74 charges of second-degree unlawful sexual contact. The victim, a Florida resident now in his 30s, told police when he was between the ages of 10 and 13, Bodenweiser raped him a total of 39 times.

Bodenweiser was released from Sussex Correctional Institution Oct. 24 on $250,000 secured bail.  The court ordered he be monitored by GPS and see a probation officer, Erik Forry.

In August, Bradley ordered Bodenweiser be confined to his home on Lynch’s Lane in Georgetown after Forry told the court Bodenweiser had spent a day with his son-in-law at Midway Speedway in Lewes.

Forry said Midway was not an appropriate venue for Bodenweiser.

Bodenweiser and his wife, Patty Bodenweiser, appeared in Sussex County Superior Court Jan. 15.  His attorney, Eric Mooney, asked Bradley to reinstate Bodenweiser’s original pretrial conditions.

Mooney called Bodenweiser’s visit to the speedway a lapse in judgment.  “There’s never been any allegation that he intentionally tried to have contact with any children,” Mooney said.

Home confinement also makes it nearly impossible for Bodenweiser to see his 86-year-old father, Mooney said.

“Obviously, he’s had a shot across the bow,” Mooney said.

John Donahue, of the Department of Justice, opposed allowing Bodenweiser to leave his home.  “This was not just a sanction, but also for protection,” Donahue said.

Bradley said he spoke with Forry, who saw no problem with allowing Bodenweiser relief from home confinement.  “I don’t have any problem with it either,” Bradley said.  “I think the point has been made.”

Bradley said he hoped by the end of February, the parties would know how the case was going to proceed.  No trial dates have been set.

“We’re getting closer to a resolution with this,” he said.

Bradley advised Bodenweiser, “Be prudent in your actions.”