The Pryor Times

July 11, 2013

Rape, child sexual abuse cases move through system

Staff Writer
Cydney Baron

— Daniel Estabrook, Pryor, was arrested late last year on four counts of second degree rape and one count of rape by instrumentation.

He appeared before Judge Terry McBride on the felony motion docket Wednesday. Estabrook entered a plea of not guilty at that time. Upon waiving his right to a jury trial his case was set for disposition Aug. 14. He was allowed to remain free on previously posted bond.

At the time of the original arrest, bond was set at $100,000 and Estabrook was ordered to have no contact with the victim or the victim's family. He posted bond and was released the day after arrest. Despite the state's objection, the case was continued multiple times. Court records reflect that all five counts were filed by one alleged victim. Reports at the time state that the alleged victim, who was under 16 at the time, may have been Estabroook’s girlfriend. Estabrook was over 18 at the time the charges were filed.

No prior criminal record was found for Estabrook in Mayes County.

Salina resident Robert Payne was charged with child sexual abuse in 2011. He appeared on the felony motion docket Wednesday as well. He was present and out of custody for the appearance. Payne's attorney informed the court that a request was filed asking that the court dismiss his previous waiver of jury trial. The state had not had ample time to respond to the request so the case was continued to Aug. 14.

Upon his initial arrest, bond was set in the amount of $50,000 which he posted within a week of arrest and was released. At his initial court appearance he was ordered to have absolutely no contact with the victim. Payne was told he was not allowed to be in the presence of any minor children and was not allowed to telephone his own children. A witness, along with her mother and grandmother, were sworn in and provided testinmony during court procedings in late 2012.

In early 2013, Payne waived his right to a jury trial and his attorney was allowed to withdraw from the case. Court records for June 4 reflect that the defendant did not accept the state’s offered plea agreement. The state withdrew the agreement and the case was set on the felony motion docket.