[1]Todd Phelps leans over to talk with supporters during a break in his trial.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The alleged rape victim in the trial of former Pe Ell High School softball coach Todd Phelps took the witness stand yesterday.
She spoke of “the kiss” and answered numerous questions about herself and her interactions with her fast-pitch coach.
The now-17-year-old was not asked about the events that amounted to a third-degree rape [2] charge; she is scheduled to continue testifying this morning.
Phelps, 52, is charged with rape as well as second-degree sexual misconduct with a minor [3] in connection with encounters last spring and summer with the then-16-year-old student.
A jury of six women and six men are hearing the case in Lewis County Superior Court in Chehalis.
Jurors have already heard from a youth pastor’s wife and friends in whom the girl confided, as well as her parents, another coach and some who described inappropriate behavior on the part of Phelps.
All are witnesses for the prosecution. Phelps’ attorney has not yet called any witnesses.
The girl described the summer before her sophomore year as one in which she spent a great deal of time at the Phelps’ house. She and their daughters were friends and played on the softball team Phelps coached. She was close to his wife because they attended the same church, she said.
The teenager revealed under questioning that that autumn, her family sought help for her depression when they learned she had been cutting herself.
The following spring, when soft ball started up again and coach Phelps asked about it, she wanted to explain it to him, she testified.
He was driving her home after an outing to “scout” at a softball game in Adna, but he parked at the church in Pe Ell before dropping her off, she said.
He told her a story about an individual who’d gotten into an accident and said she was his second chance to help a teenager, the girl testified. And then he told her “lots of dirty stories” about sexual experiences in his past, she said.
Why? Deputy Prosecutor Will Halstead asked.
“He said it was to reassure me he wouldn’t tell my secrets,” she said.
“He told me he was going to text me, so he could make sure I was not cutting myself,” she said.
She went to his house a few days later, because he wanted to see the cuts on her legs, she testified.
He had her go into the bedroom and asked her to pull her pants down, she said.
The cuts were on the front of her upper thighs, she said.
“I started crying because I don’t show many people,” she said.
The girl testified Phelps said come here, and he hugged her.
And then he pulled her down on top of him on the bed, she said.
Then they went into the living room, she said.
After, as they texted each other, Phelps told her she shouldn’t be dating her boyfriend, because he’s also “a cutter”, she said under questioning.
On April 1, she finally broke up with her boyfriend, which left her crying and upset, according to the girl.
“Why did you do that,” Halstead asked.
“Because he told me to,” she said. “I felt like what he had to say was best. I thought I should just listen to him.”
The girl testified she confided to Phelps she then cut herself again.
The next day, Phelps drove her to his house and the first thing he said was, you know I’m going to have to see those cuts, she testified.
She said no, just hold on as she didn’t want to go in the bedroom again, because that scared her before, she said.
But they did and the same thing happened again, according to the girl. But this time, he also kissed her, many times, she said. And pressed his body against her, she said.
She said she was nervous and scared and didn’t want to be there anymore.
“Why didn’t you leave?” Halstead asked.
“He was important in my life,” she said. “I didn’t want him to think less of me.
The girl was asked about another day during the first week in April in which she spent the night at the Phelps, and she and one of his daughters slept on the couch.
“The next morning I wake up and he is kissing me on the lips,” she testified.
His daughter woke up, and “he points to his forehead, like, just on the forehead,” she said.
She didn’t want to tell anyone, because it meant both of them would be in trouble, she testified. But she did, the day after the second incident in the bedroom, she said.
She confided in Melodie Porter, the wife of the youth pastor at her church, she said.
“Why did you tell Melodie?” Halstead asked.
“I was really freaked out about it, and I didn’t know what to do about it,” she said.
Phelps, a log truck driver, resigned his assistant softball coach position at the end of April 2011.
His resignation came when the school district superintendent told him he had two choices after being investigated for violating boundary policies including texting the student, being alone with the student and “the kiss” Phelps said was on the forehead.
Third-degree rape carries a maximum penalty of five years in prison. There is no allegation of physical force or violence.
Second-degree sexual misconduct with a minor is a gross misdemeanor with a maximum penalty of 364 days in jail.
If convicted, Phelps would be required to register as a sex offender.
He remains free on a $25,000 unsecured bond.