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.
[1]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.
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For back ground, read “Former Pe Ell coach faces charge of third-degree rape of teenage student” from Tuesday November 29, 2011, here [2]