By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A judge today said no to a defense motion to dismiss the charges against a now-former Pe Ell softball coach accused of sexual misconduct and rape of a 16-year-old girl.
Todd D. Phelps
Todd D. Phelps, 52, of Pe Ell, is scheduled for trial next week.
Defense attorney Don Blair told the judge prosecutors changed the date of one of the alleged incidents while they have long known the defense of alibi has been asserted.
“That just smacks to me of misconduct,” Blair said this afternoon.
Prosecutors also withheld potentially exculpatory evidence, according to Blair.
Blair only learned recently of a police report about a call to the victim’s home about a runaway the same night as the alleged rape, according to Deputy Prosecutor Debra Eurich.
Eurich said the newly discovered police report came to her attention during conversations with people involved in the case.
Phelps is charged with third-degree rape as well as second-degree sexual misconduct with a minor in connection with encounters last spring and summer with a member of the softball team he coached.
Pe Ell School District authorities said he resigned at the end of last April because of a violation of school policy regarding social contact with students.
Phelps has pleaded not guilty. His trial was originally set for early January and has been postponed six times.
The parties are expected in court again tomorrow to confirm if they are ready for trial.
Among the reasons noted have been both sides asking for a continuance, new information given to the court and newly discovered evidence.
Lewis County Superior Court Judge Nelson Hunt said today changing the dates was not an issue, and that the defense still has plenty of time to interview new witnesses if it needs to.
Hunt said he was not sure what to make of the motion.
“This is to me, is a tempest in a teapot,” Hunt said.
•••
For back ground, read “Former Pe Ell coach faces charge of third-degree rape of teenage student” from Tuesday November 29, 2011, here
Tags: By Sharyn L. Decker, news reporter
Anyone gonna give play by play for what happens at the trial? Can’t go cause of work. If I act smart and suck up Sharon will you do that, lol.
Yes Eddie. Now they need to suck up to the admin to appear intelligent. Good job answering the beer question before it was asked.
It must be a drag to be incapable of doing research to answer one’s own questions.
To answer your next question, no, you can’t take beer into the courthouse.
Does that mean they selected the jury today or will they select it tomorrow?
still on the schedule for tomorrow … jury selection typically is the first thing they do, on the first day of trial
Did jury selection happen? Is the trial starting tomorrow?
Truth is… perjury means nothing in court these days. I learned this fact the hard way. A person who lies in court is very rarely ever charged.
Wow…
I’m shocked that you have the nerve to share your opinion since your typical rant is telling everyone to shut their big mouths. So why is your opinion entitled to an exception?
No, the head coach will not lie. He is an honest guy who the community has alot of respect for.
Do you think the head coach will lie? I don’t know…. I am just asking. It seems to me that the defense is taking a huge risk. If the prosecution asks the right questions their intention may back fire.
Scramble scramble scramble….lie lie lie….what can we do now???
Lie Lie Lie!!!! Please remember last minute witnesses, he who lies under oath is subjected to perjury. Perjury equals prison time with Todd!
the head coach of the trojans fast pitch team has been called for the defense as a witness.
I wouldn’t want my kid to go to him with any concerns, if he didn’t believe them he would just sweep it under the rug so it wouldn’t end up in the news.
The function of a coach is to educate students through participation in interscholastic competition. An interscholastic program should be designed to enhance academic achievement and should never interfere with opportunities for academic success. Each student-athlete should be treated as though he or she were the coaches’ own, and his or her welfare should be uppermost at all times. Accordingly, the following guidelines for coaches have been adopted by the NFCA Board of Directors.
The coach shall be aware that he or she has a tremendous influence, for either good or ill, on the education of the student-athlete and, thus, shall never place the value of winning above the value of instilling the highest ideals of character.
The coach shall uphold the honor and dignity of the profession. In all personal contact with student-athletes, officials, athletic directors, school administrators, the state high school athletic association, the media, and the public, the coach shall strive to set an example of the highest ethical and moral conduct.
The coach shall take an active role in the prevention of drug, alcohol and tobacco abuse.
The coach shall avoid the use of alcohol and tobacco products when in contact with players.
The coach shall promote the entire interscholastic program of the school and direct his or her program in harmony with the total school program.
The coach shall master the contest rules and shall teach them to his or her team members. The coach shall not seek an advantage by circumvention of the spirit or letter of the rules.
The coach shall exert his or her influence to enhance sportsmanship by spectators, both directly and by working closely with cheerleaders, pep club sponsors, booster clubs, and administrators.
The coach shall respect and support contest officials. The coach shall not indulge in conduct which would incite players or spectators against the officials. Public criticism of officials or players is unethical.
Before and after contests, coaches for the competing teams should meet and exchange cordial greetings to set the correct tone for the event.
A coach shall not exert pressure on faculty members to give student-athletes special consideration. A coach shall not scout opponents by any means other than those adopted by the league and/or state high school athletic association.
no George, don’t think there is / are …
Looks like it’s been moved to next week… and it seems now that the defense is grasping at straws…
Sharyn, do you know if there is any links to give us what the upcoming court dockets contain? You know, something like “these are the cases scheduled to appear before judge X tomorrow at Y time…” sort of thing?
Postponed again? Does MOTION IN LIMINE mean that the defense is trying to get some evidence or statements thrown out?
Is “Defendants Memorandum And Motion For Dismissal Of Charges In The Alternative Continuance Of Trial Or In The Alternative Exclude Evidence” all one motion or is it a couple of things? What is “Subpoena -defendants.” Is the prosecution doing that?
Looks like it is still on the docket for the 10th….
Anyone know what today’s motion hearing was about?
it’s on the schedule for tuesday, “Justice”
Anyone know if the trial is still on for the 10th?