Bodenweiser attorney fears state's star witness

The arrest, trial and upcoming retrial of former state Senate candidate Eric Bodenweiser has resembled a soap opera in many ways and the latest twist is a doozy.

Bodenweiser’s attorney, Joseph Hurley, has asked for protection from Delaware State Police in light of what says is terroristic threats from Bodenweiser’s accuser, the star witness at last summer’s trial.

In letters to state prosecutor Kathleen Jennings, US attorney and former Delaware prosecutor Charles Oberly and Delaware State Police Col. Nathaniel McQueen, Hurley says that Bodenweiser’s accuser threatened to kill him after harsh questioning from Hurley at trial and later made what Hurley calls a straw purchase of a gun, which he was forbidden from having.

The accuser, now 37, was a neighbor of Bodenweiser when he was a boy living in Frankford. He testified that 25 years ago, Bodenweiser sexually abused him on numerous occasions. On the stand, Hurley tried to discredit the accuser's testimony, resulting in several tense exchanges. It was after one of these exchanges, where things got so heated Delaware Superior Court Judge E. Scott Bradley dismissed the court for the day, that Hurley said the accuser told Delaware State Police Det. John King that he was going to kill Hurley. The next day, the accuser failed to show up to testify. Court was dismissed; the accuser later appeared to continue testimony, but not before Hurley accused him of being coached by state prosecutors.

During jury deliberations, Hurley said he visually encountered the accuser, who Hurley said glared at him with hateful intent. The trial eventually ended in a mistrial.

Several months later, the accuser was arrested in Milford for being in possession of an unloaded shotgun, a violation of his probation in Florida on charges of domestic battery by strangulation. The accuser told Delaware State Police the gun was for safety due to his participation in the Bodenweiser investigation.

In a letter to Oberly seeking a protection order, Hurley said Bodenweiser’s accuser received preferential treatment from the Department of Justice, noting the accuser was a fugitive in Florida but was offered safe haven in Delaware. Hurley said no charges were filed when the accuser made a terroristic threat. Then, when the accuser was found in violation of probation and failed to appear in Superior Court for arraignment, bail was set at $1,000 unsecured, Hurley said.

Jennings responded to Hurley’s accusation in a December letter, saying he had made no request for prosecution. She pointed to an exchange during the trial where the accuser said he looked up to Bodenweiser. In response, Hurley asked whether he looked up to Bodenweiser when he was being abused. Jennings said the question was repulsive and was meant to agitate and upset the accuser.

She said there was no evidence the accuser intended to do harm to Hurley and the accuser has been charged with felony possession of a firearm. Jennings recommended Hurley go to the police if he believes he is being threatened.

Carl Kanefsky, spokesman for the Department of Justice, said the department had no further comment on Hurley's letters.

Hurley said since the state has chosen to do nothing to protect his safety, he would carry a gun to protect himself.