SALEM – A self-employed contractor accused of raping and indecently fondling his cousin’s girlfriend over a three-month span was held on $3,000 cash bail, despite the district attorney’s plea for nearly double that amount.Fred S. Kummel, 47, of 76 Park St., #10, Lynn, pleaded innocent before Judge Timothy Q. Feeley Wednesday morning in Salem Superior Court to two counts of rape, five counts of indecent assault and battery on a person over the age of 14 and three counts of assault with intent to commit rape.Assistant District Attorney Jean M. Curran argued intensely that the cash bail should remain at $5,000, telling Feeley that the charges arise out of incidents that began in May when the 28-year-old victim, originally from Marblehead, moved into the Park Street apartment with her boyfriend, Kummel’s cousin.The victim told authorities that Kummel, who lived across the hall, inappropriately touched her breasts, asked her to flash him, raped and assaulted her. He also volunteered to drive her to a methadone clinic and would make advances towards her while en route.One occasion in June, Curran said, Kummel, armed with a knife, waited for her to come home. He ordered her into the basement where he raped her, said Curran. Kummel again tried to rape the victim in July but was unsuccessful.At some point during the episodes, the victim sought and got a harassment order against Kummel in Lynn District Court.On Aug. 5, the victim told her 48-year-old boyfriend, Kummel’s cousin, of the incidents and they went to police. When police questioned Kummel he apparently denied the incidents.In her pitch for the higher bail, Curran told Feeley that during the Lynn District Court arraignment hearing the commonwealth had requested $25,000, but the judge felt $5,000 was ample. Curran pointed out to Feeley Kummel’s record and defaults dating back to 1985.Curran said it was suggested earlier in grand jury proceedings that the victim might be making the claim in retaliation for a $6,000 Social Security benefit Kummel allegedly took from his cousin while caring for him, but grand jurors felt there still was enough evidence against Kummel.But defense lawyer Christopher Norris insisted the allegations were in retaliation while asking that $1,000 bail be established. He pointed out to Feeley that there were no violence violations on his client’s record and said his client could live with his son or with his wife at the Park Street apartment, since his cousin and the victim have since moved.”I think the pattern of the way the story developed says there is no truth to the allegations,” Connors insisted.In reducing the bail, Feeley acknowledged the seriousness of the case, the significant penalty Kummel is facing, as well as his substantial ties to the community.Kummel is due back in court on Nov. 22. A conviction on each of the rape charges carries up to 20 years in state prison.
