By Sharyn L. Decker
Lewis County Sirens news reporter
The former Pe Ell girls’ softball coach convicted two years ago of rape of a teenage team member lost his court appeal.
[1]Todd D. Phelps
Todd Phelps, 52, was sent to prison for six years after a trial that extended into eight days, where prosecutors described how he gradually seduced a 16-year-old troubled with low self esteem and ultimately had sex with her that was against her wishes.
The former log truck driver was convicted of third-degree rape and second-degree sexual misconduct in May 2012 in Lewis County Superior Court.
A three-member panel of the Washington State Court of Appeals unanimously rejected each of Phelps arguments. The opinion was issued yesterday.
The issues he raised were many. The appeal was countered by Lewis County Senior Deputy Prosecutor Sara Beigh.
Through his Olympia lawyers Jodi Backlund and Manek Mistry, Phelps claimed:
(1) the trial court violated his and the public’s right to an open and public trial during jury selection; (2) the trial court violated his right to be present during jury selection; (3) the information charging Phelps with second degree sexual misconduct with a minor was deficient; (4) the trial court failed to give a unanimity instruction for the second degree sexual misconduct with a minor charge; 5) the prosecutor committed misconduct during closing arguments, and (6) Phelps’s trial counsel was ineffective for failing to object to prosecutorial misconduct during closing arguments.
The decision [2] was authored by Judge Linda Cj Lee, with Judge Thomas R. Bjorgen and Judge Bradley A. Maxa concurring.
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For background, read “Pe Ell rape trial: Guilty as charged” from Friday April 27, 2012, here [3]