
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, November 4, 1993                   TAG: 9311040220
SECTION: VIRGINIA                    PAGE: C2   EDITION: METRO 
SOURCE: David M. Poole
DATELINE:                                 LENGTH: Short

MAN LOSES ARGUMENT, FACES TRIAL

A man charged with seducing two teen-age sisters more than 20 years ago said Wednesday that he cannot defend himself because so much time has passed since the alleged offenses.

Earl Ray Eubank, 58, of 1764 Richland Hills Drive said that two witnesses he would need to call have died.

His attorney, Allen Wilson, argued that the charges should be dropped because Eubank cannot mount a defense.

But Roanoke County Circuit Judge Kenneth Trabue overruled the motion and set the case for trial on Dec. 28.

The sisters - now in their mid-30s - claim that Eubank began having sex with them in 1971, when they lived across the street.

The younger sister, 34, reported the alleged incidents to police in April after discussing them with a counselor, according to testimony Wednesday.

Eubank is charged with six counts of statutory rape, one count of rape and one count of sodomy, court records show.

Outside the courtroom, Eubank denied having sex with the two sisters. "It's not fair what they are putting me through," Eubank said, breaking down in tears.

by CNB