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Biting attack verdict: Guilty

Sleepwalking no defense in second trial of West Chester Twp. man.

Staff Writer

Saturday, October 27, 2007

A West Chester Twp. man who used his teeth as a weapon on a girl he met at a bar was found guilty Friday of felonious assault.

It was the second trial on the charge against Christen Comer. The jury deliberated three hours after two days of testimony.

Extras

Two months ago, a jury deadlocked after the defense presented testimony that Comer did not know what he was doing when he attacked Chelsea Rose because he suffers from sleepwalking, and had been taking drugs for depression and consuming alcohol.

Sleepwalking was not permitted as a defense during this trial following a ruling by Butler County Common Pleas Judge Patricia Oney, but the defendant's mother and ex-wife testified he had odd sleeping habits.

Comer, 30, formerly of Lakeside Drive, bit Rose so badly she needed 25 stitches in her lip.

Rose testified she and Comer met at Hill Station Bar in the early morning hours of July 7, 2006. They went to Comer's apartment where they watched movies, read poetry and continued to drink until they fell asleep about 1 p.m.

Rose testified that when she woke up, Comer was on top of her growling like an animal and choking her. She said she struggled and gouged his eye, and Comer began biting her.

Comer's mother, Nancy; ex-wife, Katie; and the defendant himself testified about his unusual sleeping habits, but never said the word "sleepwalking." Katie Comer called his sleeping behavior "bizarre."

Comer didn't deny biting Rose, but testified he has no knowledge of the attack. "I have a problem with alcohol and my sleeping habits that need addressed."

He said he now believes he is an alcoholic. Comer's blood alcohol level was .240 when he was tested at the hospital after police broke into the apartment and pulled him off Rose.

Butler County Assistant Prosecutor David Kash said during closing statements Friday morning that "he (Comer) can not hide behind alcoholic intoxication."

Defense attorney Joseph Spring argued his client should not be convicted because he did not knowingly attack Rose.

Comer, who faces eight years in prison, will be sentenced by Oney on Dec. 10.

Contact this reporter at (513)

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