HAZARD – The attorney for an Ohio man accused of taking part in the rape of a woman at the Super 8 Motel in Hazard is seeking a lab report on the alleged victim’s cell phone.

Defense Attorney Brent Flowers made the request as his client, Leslie Ivory, 43, of Dayton, made an appearance in court on Thursday. Flowers said the alleged victim’s cell phone had been transferred to the Kentucky State Police Crime Lab in order to evaluate any calls made along with video and photograph data from the device. But as of Thursday, Flowers said he had not received that report. Ivory is currently set to go to trial on May 13.

Ivory, who was part of a crew contracted to move items from the old Perry County Library to the library’s new facility in September 2009, was indicted on one count of first-degree rape and one count of tampering with physical evidence. According to court records, Ivory, along with five other men, were accused of raping and sodomizing a woman at the Super 8 Motel last year. Ivory is additionally accused of washing the alleged victim in an attempt to remove evidence.

Assistant Commonwealth’s Attorney Charles Allen said Flowers and his client are entitled to that report, noting that 14 pages of telephone records have already been provided to his office.

Following a brief discussion, Circuit Judge Bill Engle ordered the Commonwealth to provide Flowers and his client with a status report on the cell phone’s evaluation, and have that report ready within five days, and within 20 days provide other discovery in accordance with the order.

Flowers also presented his argument for a bond reduction for his client, noting that Ivory has no previous criminal history in Kentucky, and a limited history in Ohio. Ivory is currently being held on a $500,000 bond.

“These charges are serious, but he is presumed innocent and he has pleaded not guilty,” said Flowers, adding that Ivory has a promise of employment upon his return to Ohio.

Flowers noted that three of Ivory’s co-defendants have been offered misdemeanor probation in their cases, and had previously saw their bonds lowered as well.

Allen replied that he had no objection to a lower bond, as long as it met the same bond reduction offered to the three other co-defendants of $100,000 cash.

Judge Engle did approve a bond reduction, but explained that he is concerned that Ivory’s residing in Ohio and the fact that he has no connections to the Hazard area could make it harder to ensure he appears for future court dates in Kentucky were he released on a lower bond.

“Due to the seriousness of the charges ... and the facts of no connections, I feel he is a flight risk,” said Engle before ruling to reduce Ivory’s bond to $100,000 cash.

Two other men involved in the case, 20-year-old Carlos Robinson and 20-year-old Tajh Barton, have both entered guilty pleas to one count each of sexual misconduct with a sentence of 231 days to serve followed by two years of supervised probation. The two were originally charged with first-degree sodomy.