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Friday, June 07, 2002

Jury believes husband's act was defensive


Wife's lover met barrage

By Sheila McLaughlin, smclaughlin@enquirer.com
The Cincinnati Enquirer

        LEBANON — A Clifton businessman who claimed that he threw objects at his wife's lover because he thought the man was a vampire was acquitted Thursday of assault and domestic violence charges.

        A Warren County Court jury deliberated for 11 hours over two days before finding David R. Biren not guilty of the misdemeanor charges.

        Mr. Biren, 52, was charged Oct. 21 after Charles “Shadow” Perkins was struck by several items including a large drum and a box of machetes. They came from a loft in a shop Mr. Biren and his estranged wife, Kimberly, operated at the Renaissance Festival in Waynesville.

        The Birens, who are divorcing, owned Raphael medieval weaponry shop on Ludlow Avenue.

        Mrs. Biren also was bombarded when she ran to Mr. Perkins' aid, but Mr. Biren claimed she was hit by mistake.

        Mr. Biren testified during the three-day trial that he threw the items, many of them Mr. Perkins' belongings, from the loft in self-defense to keep Mr. Perkins from climbing the stairs and attacking him.

        He said he initially began throwing the items in a tirade after discovering that Mr. Perkins had been sleeping in the loft even though his wife had signed an agreement to end their relationship.

        Mr. Biren had planned to tell jurors that his use of force was necessary because Mr. Perkins was a vampire. Mr. Biren also claimed his wife was a vampire.

        Judge James Heath barred him from mentioning his suspicions at trial. Mr. Perkins claims to be a pagan, according to his Web site.

       



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