Friday, June 5, 2009

Suspect: 'Rape' Was Victim's Idea

KNOXVILLE, Tenn. -- A man accused of kidnapping a Georgia woman and raping her in a Smoky Mountain cabin before a pizza deliveryman called 911 claims the entire episode was the woman's idea, according to a court filing Thursday.

David Jansen, 46, of Snellville, Ga., "continues to strongly assert his innocence regarding any and all charges brought or contemplated by any authorities," said his attorney Don Bosch of Knoxville.

"(I) hope that the appropriate authorities will immediately reach the same conclusion that Mr. Jansen has violated no state or federal laws and accordingly dismiss his charges as soon as possible," Bosch said.

Jansen, who is free on an $800,000 cash bond, seeks a bond reduction to $100,000, claiming the smaller amount is "clearly sufficient" to assure his appearance at an initial court hearing July 17 in Sevier County.

Jansen was arrested at a remote rental cabin near Gatlinburg on May 26 on charges of aggravated kidnapping and aggravated rape after a pizza deliveryman spotted a bound woman inside the cabin who mouthed the words, "Please call 911."

The deliveryman made the call and the alleged victim was apparently freed.

The 24-year-old woman told police she was kidnapped from her Atlanta neighborhood that morning while jogging by a man she knew from a club.

Channel 2 Action News does not identify alleged rape victims. The woman has not returned e-mails seeking comment.

Jansen's brief claims he has known the woman since 2008 through an Atlanta strip club where she worked and that she was "sexually aroused by bondage."

The "idea of taking the out-of-state trip originated" with the woman "and she instructed him on what to bring, such as rope, sex toys, massage oil and extra clothing for her," the document said.

According to Jansen, he stopped three times on the drive from Atlanta to Tennessee, twice leaving the woman unattended in the car and she never attempted to flee or call for help.

Jansen claims that surveillance video from a gas station in Sylva, N.C. shows him leaving the woman unattended in the car while he goes into the store for several minutes.

After having sex at the cabin, she told him to order the pizza, Jansen's brief said.

The brief also contains court records of the woman's convictions for lying to police in Georgia about assaults in 2005 and 2006.

"In the event these charges are not dismissed prior to a preliminary hearing, at the preliminary hearing, or when a grand jury returns an indictment, Mr. Jansen intends to demand a speedy trial at arraignment and pursue an immediate trial," the brief said.

District Attorney Jimmy Dunn said Monday he plans to meet with investigators and possibly the woman next week "to see if we have a case to proceed on."

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