Deputies take Todd Phelps into custody after the jury verdict this morning in Lewis County Superior Court.
Updated at 3:18 p.m. on Saturday April 28, 2011
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – The jury came back with guilty verdicts in the rape trial of former Pe Ell High School softball coach Todd Phelps.
It took six men and six women a little more than four hours between yesterday afternoon and this morning to make their decision.
Phelps, 52, was handcuffed and taken down to the jail.
The benches in the the courtroom in Lewis County Superior Court were packed, except for about half of them on the defendant’s side of the room.
Phelps faces as much as six years in prison when he is sentenced in the case involving a 16-year-old student player.
A sentencing date has not been set.
The expected four day trial that began last week extended into eight days as prosecutors attempted to prove Phelps gradually seduced a girl already troubled with low self esteem and depression and ultimately had sex with her they said was clearly against her wishes.
Jurors heard witnesses testify about thousands of texts exchanged between the two, before and after Phelps was forced to quit his coaching job because of boundary violations with the player.
Defense attorney Don Blair painted a picture of a caring father-figure who was attempting to prevent a suicide. Blair said his client never thought he did anything inappropriate.
The now-17-year-old girl spent a day and a half on the witness stand
Phelps did not testify.
He was found guilty of third-degree rape as well as second-degree sexual misconduct with a minor in connection with encounters last spring and summer with the high school student.
The jurors also found he used his position of trust with a particularly vulnerable victim, meaning the judge can sentence him above the standard sentencing range.
The potential sentence is anywhere between six months to six years, according to Deputy Prosecutor Will Halstead.
Phelps’ family and lawyer quickly vanished from the courthouse following the verdict.
The victim’s family slowly made their way out of the courtroom in Chehalis as they exchanged hugs with each other and others. It was very quiet.
Judge Nelson Hunt had warned spectators there should be no outbursts when the verdict was read.
Lewis County Prosecutor Jonathan Meyer said he had little to say since the sentencing is pending.
“As always, we have trust in the jury system,” Meyer said. “But the case isn’t over, so that’s all I can say.”
Before the jury began deliberating on Thursday afternoon, they heard an almost three hour summary from both sides about what they should consider.
Deputy Prosecutor Halstead spoke for more than two hours reminding jurors of the many details – lots of talk with sexual overtones – they’d heard that suggested Phelps had a different motive than helping a troubled teen.
In mid-April of last year, after the assistant coach was told by the school and her parents to stop having contact with her except at fast pitch, it continued with constant texting including one from him the following morning, according to Halstead.
“This should have been the end of all of this,” he said. “The state would submit to you he has a different agenda.”
Defense attorney Blair subtly told jurors it was her word against his.
None of the lawyers were involved in the situation when it was going on, he said.
“We can’t tell you, we have to rely on what everybody else said happened,” he said.
Blair agreed there were a lot of “contacts” but reminded jurors the content of the messages were unavailable, and said the prosecutor’s case relied upon a lot of smoke.
The defense attorney spoke of how Phelps had coached for as long as 18 years before “all of the sudden” something like this comes up.
His client was concerned because he learned the girl had been cutting on herself, something her father yelled at her about when it came to his attention, Blair said.
He made no secret he was trying to help her, Blair said.
Blair argued some of the prosecution’s witnesses were mistaken and that the April 2 incident at Phelps house about kissing and Phelps pressing his body against the girl’s did not happen.
“I’m not saying any of these folks did or did not lie,” Blair said. “But we know all of the stories can’t be true, because of the lack of consistency.”
The detectives found no blood on the carpet in Phelps’ brother’s house, which the girl said soaked through a towel, Phelps’ computer wasn’t analyzed and much of the prosecutor’s case relied upon what the girl and her friend said, the defense attorney said.
“Other than the contact, we don’t have that hard proof,” he said. “It’s just not there.”
On the topic of the alleged rape on July 27, Blair offered indications of both his client not even being present and if he was, that it did not amount to rape.
The defense attorney noted phone records that showed Phelps and his wife were texting late that afternoon.
“In order to get a text and reply 30 second later, one would think you’re at your phone, not committing a sex crime,” he said.
Deputy Prosecutor Halstead pointed out the records showed texts and phone calls, not all of which were answered immediately and argued they supported what the teenager told detectives.
“The defendant’s whereabouts, despite the testimony from his daughter, cannot be accounted for,” Halstead said.
Halstead reminded jurors of testimony from others that would help them understand why Phelps asked the teenager to meet him at his brother’s house the day of the rape.
He knows his brother is working out of town and his sister-in-law is going shopping with his wife, Halstead said.
“I guess he was either there, or he wasn’t,” he said. “If he was there, I guess you are to believe (the girl) consented.”
He detailed the girl’s actions and words that he said showed clearly she was not consenting to sex.
Consent is not an issue for the other charge, only that the girl was a student and the defendant was her coach, according to Halstead.
Halstead gave numerous examples of Phelps’ “grooming” the girl for sexual activity.
He also noted that after the April 2 kiss – when she was asked to show her coach the self-inflicted cuts on her thighs – a girl who had never been kissed told the youth pastor’s wife the very next day.
“She needs to express something to someone, but doesn’t want to get the defendant in trouble,” he said.
He pointed out another kiss, which Phelps said was on the forehead, was witnessed by Phelps’ daughter who told two individuals about it but denied it when she took the witness stand.
Halstead admitted the girl played a role in the continued contact between the two, although he blamed Phelps for isolating her from others, leaving him as a lone trusted confidante.
“I think it’s pretty clear she had a crush on him,” he said. “She trusts him, she probably likes the attention, she’s 16.”
Her reliance on her coach was part of why there was little physical evidence showing their conversations via text, according to Halstead.
For example, when she got caught texting him in class, she erased everything, according to Halstead.
“She’s upset, she didn’t want this to get out,” he said. “She deletes all heir texts from her iPod, her mom actually has to go under the stall (in the school bathroom) to grab the iPod.”
Halstead reminded jurors of corroborative testimony and evidence the two continued communicating after he was no longer her coach; through girls who said they acted as go-betweens, and when the teenager gave Phelps her password to him so he could message her using her hotmail account.
Two emails from September submitted as evidence were found inside a special folder called “For my little star” were important, according to the deputy prosecutor.
One was a love song by Mariah Carey called “Without you“, the other a frowning face with the words I’m sorry.
“Who is sorry? What are they sorry for?” Halstead asked.
He pointed out jurors had heard testimony the only individuals with the password were the girl, Phelps and Phelps’ daughter.
“Remember what he said to his co-worker, ‘My life would be over if they found my text messages’, ” Halstead said.
The same co-worker Mark Miller testified Phelps was “obsessed” with the teenager, Halstead reminded the jury.
“Mark warned him, stay away from her Dude, you’re a truck driver, not a shrink,” he said.
Halstead suggested Phelps misled his family, suggesting the girl was in imminent danger of harming herself and nobody was doing anything about it, when actually her family already knew about the cutting and had gotten her counseling.
He related that to a motive Phelps family members may have had to remember facts in a skewed manner when they testified, in particular Annette Phelps when she told what time she last saw he husband on July 27.
“She’s in denial, the reason she’s in denial is she doesn’t have all the information,” he said.
Halstead told the jury the girl told very detailed, consistent stories; that it took courage for her to testify.
“She was cross examined for four and a half hours,” he said. “Consistent. Nothing inconsistent with her story.”
Judge Hunt told the attorneys to return next Thursday when a sentencing date for Phelps would be set.
The second-degree sexual misconduct with a minor conviction is related to an incident that occurred on or about April 2, 2011. It is is a gross misdemeanor with a maximum penalty of 364 days in jail.
The third-degree rape conviction is related to July 27, 2011. It is a felony that carries a maximum penalty of five years in prison.
Attorneys gave closing arguments in front of a large audience in Lewis County Superior Court.
Tags: By Sharyn L. Decker, news reporter
Moral of this story: Don’t EVER try to help anyone especially one who cuts themselves, might attempt suicide or just appears to have Real issues. Who’s right & Who’s wrong here? It doesn’t appear to be all ONE sided to me. But again this is Lewis County HE REALLY SHOULDN’T HAVE TRIED TO HELP HER IN THE FIRST PLACE. It sounds to me like they should let her keep cutting herself until she dies. JUSTICE SERVED.
Ha Ha Pete…. I know you must be joking cause he doesn’t do so well at trial. I think Phelps and supporters said a whole lot of nothing and have to accept that very few people believe the excuses, alibis, and denial that he is not a criminal. You would hope after everything it would start to sink in because if not its only a matter of time before the group harbors and supports another one of his kind if they aren’t all ready. Birds of a feather….. The Judge didn’t let him go because it was nothing, he just didn’t think Todd needed to be jailed right away and the girl was living out of county during the week. Rape three is considered non-violent offense, the minor stopped consenting to contact with Phelps, and Phelps’ wife was with him, it is my guess the violation did not warrant immediate incarceration but not dismissal
I cannot imagine the monetary cost of this situation on the family. A simple internet searches reveal his wife is a teacher’s an aide at the school and makes very little money. Phelps lost his log truck driver position at Weyerhauser months ago. Rumors say it was over numerous of safety violations. The lawyer fees probably drained his retirement and tapped into his family inheritance from his mother if there was one. If the church financed his legal troubles as suggested below I would hope there would have to be some type public of disclosure of expenses. The three/four man church board would have to agree to dispense such funds. I think years ago the church dealt with a scandal involving misappropriated funds and that pastor fled.
The sentencing in the case will be interesting to say the least. There are opportunities for victim impact statements. I wonder if the parents will be able to provide one? I hope that the outcome will be satisfactory to the girl and family. Justice plays such a powerful role in healing.
i think that everyone has a right to their own opinion, and if someones opinion offends you, then you have a right to respond….. so on and so forth…. All of you out there telling people that they shouldnt be saying the things they’re saying on a public forum….. Your’re the ones that need to shut the hell up. Sorry to be crude, but opinions are like assholes, everyone’s got one, and whether you like what they have to say or not they have a right to express it and they have a right to argue someone else’s opinion. this is an open forum (although comments are moderated for a very good reason) and opinions are expressed because that is our constitutional right as human beings. If you can’t handle what is being said, (because your involved, a family member or supporter) THEN DONT READ IT!!!!!
That being said….. I’m soooo happy that low life is going to prison. All of what i have read makes this guy seem, in the very least, creepy. the txts, the phone calls, the conversations. Something was and is obviously off about this guy. I believe the victim 100%.
Also, I happen to be an atheist. and i think that the opinions and arguments expressed in this forum about religions and these so called churches that are supposed to spread the word of god, further my belief in being an atheist, and completely against organized so called religion. BUT, I do respect others religious beliefs and would never judge someone because of them. We are who we are…. we aren’t our religion, or race. we are all people and deserve the same amount of respect that we give others. keep that in mind the next time you try to tell someone that they shouldn’t be allowed to express their opinion because not everyone’s opinion or beliefs are the same as yours.
I recall this past what, February reading one of Todd’s supporters saying the incident of him driving by the girls house amounted to nothing. The judge let him go home because he wasn’t in the wrong.
A new case showed up with his name attached in District Court. This seemed to contradict his supporters statement at the time.
Now I’ve just read the Prosecutors office are filing charges against him from that non incident. He should take it to trial.
My goodness Liz sure got the hens out of the hen house!!!! I hope all turns around for your family. Seems your first post hit the nail on the head otherwise these ladies wouldn’t attack your family on here. This economy has hit everyone hard in one way or another. Don’t feel shame for it affecting you. You are certainly not the only one. How nice though to make a simple observation on here, then to have it validated by the lash of said hens tongues!! I’m sure not all people from that church are like them. Some are actually there to praise God.
Wow Marie! Really?
You called it Pete….Harried, Heckled and Hateful is just as pathetic. They are all a part of the cancer that needs cut out of Pe Ell. The spouse and child abusers, molesters, rapists, and sanctimonious bullies need to find another town to feed on. It has always amazed me how a select few can multiply and wreak havoc the way that they do. I don’t know if it is because the others are lazy, scared or what the deal is. You all constantly play this game…. Sssshhhh it’s none of your business while everything goes to shit.
Stop it Pe Ell. Cut out the cancer so maybe a few of us good folks can come back. We all left you because we can’t fake it anymore and be damned if we are going to infect another generation.
@Disgusted,
It’s too late for them to “quit while their ahead”.
SadButTrue I didn’t see “Liz” do anything except express some remorse for the way she worded her first posts. You know. The ones that caused all you church-going, holier-than-thou bitches to start showing how horrible you really are. She’s been polite about this whole thing. I’m not nearly as nice as she is. Just honest.
Like I said, keep running your mouths. You make your church look worse with each successive comment and you also make “Liz” look like she hit the nail on the head when she described you people. In fact, I think she was way too nice. Why don’t Thankful you moved away, Live Laugh Love and yourself quit while you’re ahead and shut the fuck up?
It seems as though Liz likes to “dish it out”, but acts like the victim when the tables are turned. Drama Queen??? I think so.
Disgusted……. It’s called public information.
Hey Live, Laugh, Love! Sanctimonious, condescending hags such as yourself are the exact reason I stopped attending church. If you were really what I was raised to believe a Christian to be, you would never have set out to deliberately hurt and embarrass Ah Doodlie Doo. How dare you? You’ve shown your true colors. Christian – my ass! It sounds to me like the parishioners there are even worse than the so-called “minister.” And for your information, speaking in tongues is a JOKE! I have found that churches that encourage this harbor THE biggest hypocrites and phonies on the planet. In my world, church is supposed to be reverent. I can’t stomach a bunch of wailing, screaming, writhing freaks pretending to be filled with the Holy Spirit when all they’re really full of is shit. If you and Todd Phelps are a representation of the kind of people that attend this church, well . . . need I say more? Maybe you ought to shut down your computer and go pray about your behavior because, I for one, have even less of an opinion of your church after hearing from YOU than I ever did before. You’re a revolting person. Go hide behind your “church” and pretend you’re a good person. I’d rather hang with the ADDICTS you mention, because at least they know the meaning of humility. I thought a Christian church welcomed everyone. They certainly wouldn’t endorse taunting and shaming a former member by using personal information to try to publicly humiliate them. You’re a real piece of work and one of the reasons I stopped attending church years ago. Too many bitches like you.
And ditto my message to “thankful you moved away.” It is unfortunate that you and your fellow attendee are the only representation of your church, because it’s not looking too good for any of you right about now. If I was your “minister,” I would be begging you to keep your big mouths shut before you do any further damage to its reputation.
God revealed it to me in a dream Saturday night.
I am going to go out on a limb here but I am confident it is likely a study branch.
Hearme roar…. you sound like you are cut from the same cloth as Todd. All of your posts have an arrogance that insists unless someone has your photos, DNA, or confession you demand it didn’t happen. Like a twisted version of “if a tree falls in a forest and there is no one there to hear it, does it make a sound….. mind fuck.” How do you/have you interpreted no when your with a female? You sound like one of the asses standing in a circle with your buddies bragging that she said no but she meant yes… scum bag.
you have been out of town and you know the trial was a sham because…….. what? Can’t you type more than 30 characters?
Just got back from an out of town trip. That trial was a sham!
Someone earlier said the defendants family name was big in Pe Ell. Why is that? Do they have money?
George, the “special verdict” form “A” stuff, is related to the jury – after deciding he was guilty – answering the question(s) of if they believe he violated his position of trust with a particularly vulnerable victim. Those are my words, not from the form, as I didn’t see it and I’m not looking at my notes. The Superior Court Case Summary that you’re looking at online really is just basically a listing of the documents in the court file, not the contents of the documents themselves. It only has a certain amount of usefulness, doesn’t it? If you’d like to see those summaries from Lewis County include more details, as you’re saying happens in Cowlitz County for example, I would suggest contacting the elected Lewis County Clerk Kathy Brack as she’s in charge of that division, and the Lewis County Superior Court judges, as the court files and their contents “belong” to the judges. Wouldn’t it be great if the contents of those files (the documents themselves) were available online, as they are from federal courts … –sharyn decker
Sharyn, would there be any way of maybe communicating with the person entering the court records to put what the person was charged with? If you look in, say, Cowlitz County, they do show what the person is charged with… makes it a little easier to see what they are convicted or not convicted of…
In this case, I see they have:
04-27-2012 VERDICT Verdict Form A “guilty”
04-27-2012 SPECIAL VERDICT Special Verdict “yes” “yes”
04-27-2012 VERDICT Verdict Form B “guilty”
but there is really no explanation for this (other than we know now that the jury found him guilty…)
What is “Form A”, “Special Verdict” and stuff like that mean?
i wish missing the church scene guaranteed missing the dirty ole man factor. I think what allowed this case to go forward were the few men who did not have a past or behavior they were trying to hide from the town. You cannot very well tell on another male if you have something to hide yourself.
Thanks for the answer,C.S. LiveLaughLove certainly provided a partial illustration as to how his behavior within his church group would probably not be seen as out of the ordinary.
Are New Harvest an out growth of the old Assembly of God church?
I remember thirty years ago all the infighting within that group, but they all acted sanctimonious. They always attracted people who drifted into town from out of state, usually with a prison record. Men in their mid thirty s who hung out at the youth group meetings and liked to smoke pot with High school kids, especially the girls.
I went to the Methodist church, it was kinda dowdy, but real.
Oh my God…not Elvis.. please not Elvis… Why not the Beatles, why why
S&G: An enabling mother and father, family, community, wife, school, and church. Exactly in that order. That’s how.
Regarding sentence, I bet it will be a partial suspended sentence, say 72 months with 36 suspended. That way the sentence will still remain in standard range so it can’t be appealed, anything beyond standard range is appeal able.
The other benefit is after he serves the mandatory 36 months if he violates conditions of release any time in the remaining three years, he has to go back in to do the remaining 36 months.
They will probably notice his propensity to violate past court orders,(restraining orders) and figure this is a good way to keep him on a short leash.
I gotta ask, with all the posts’ testifying to witnessing Todd’s amoral comments and character, how did he pass him self off as a pious Christian church goer, and get a position coaching minor girls sports?
Alright Ladies of New Harvest my mom gets you don’t like her post, stop attacking her. please go back to your silent petty gossip and hollow threats. She stated her opinion which this is America she can do that, So move on.
Ha ha ha. Ya even rapists Janet is so kind
WOW I just listened to Dave Browns Easter service BACK WARDS and It said and I quote “Elvis will rise again on January 1st 2013 and most of the posters on this site are deprived and have completely lost sight of the fact that a tragedy occurred and its not all about you”. CREEEEPYYYY Cesar’s Palace Las Vegas Nevada BTW I plan on being there…
This is about harboring a rapist u nincompoops. It is about the personalities and actions of those who harbor rapists. It is about victim blaming and hiding behind God to do it.
Live Laugh Love you are right to try and shame me. Our house was repossessed. After two years of begging the bank to refi our home, they would not. We were upside down. Financial strain led us to the decision to move near family and try to build our finances back up. It has been a very hard road. We have yet to receive any paper work from the bank. It is a shameful thing to walk away from debt. We have prayed about it and hope God puts together a way for us to pay off our debt. My husbands struggle with alcohol is well known. I write a blog about it. It’s hard. Very hard, but I hold on to my faith in Christ and my covenant that I made with God to love, honor and obey, in sickness and in health. He is doing very well right now. I am still friends with the ladies on FB because they were encouraging to me and continued to be even after we left. Thank you SH and DM. I stand firm on my original statement, I just wish I had been more thoughtful with the tone. False doctrine and two women who were bullies drove us away.
Liz, Liz, Liz Sweet Liz ….apparently Sweet Sharyn doesn’t approve of anything I have to say to you. So with that said just cut your connections with the N.H. Hen’s on FB and just be thankful you don’t live in PL anymore.
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No one is going to be safe , god will judge us all ! We can be the perfect person on this earth or the worst and we both will be judge , a pastor is no different than an everyday Joe and will make the same human mistakes as any man but the pastor knows and believes that Jesus will forgive, guide and teach , others just want it perfect or they try to find a reason to judge ….. Honestly god is the one and only judge, and the only one that knows what’s in a man or womans heart
LIZ (Ah Doodlie Doo) I am so glad you REPOsitioned yourself. Why is it if you are so against the “gossips” at N.H. why are you still FB friends with them??? Janet would do anything for ANYONE. Tongues no tongues, RICH or POOR, EVEN ADDICTS
I think they were hurt. It’s okay. I should have used more tact in my original comment.
“Hen was too nice of a word for u.” Bwahahahahahahahahaha! Well said justiceforall. Yes, don’t you see? They did all of these WONDERFUL good deeds, they even threw a baby shower! Good deeds good deeds good deed. With all of the false teaching and the feel good gospel and lack of rebuke, you might as well go to the Kiwanis club on Sundays for church. Good community deeds seem to be the norm, but the heart to back it up? So missing and so necessary, obviously. As soon as someone said something you didn’t like, you threw your good deeds in their face. It’s all vanity, all of it, all of it. It might as well be a public relations organization.
Ya gotta love it when someone like glad you moved shows their true colors. Saves a lot of wasted time and energy wondering if it is something u had done. You r too nice of a person doodlie do to say it but I’m not. what a f’ing bi#@!
Everyone on here is fn crazy.
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Ahh…good old New Harvest. What a gem.
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Wow. ThankfulYouMovedAway. That is a truly sad response. We lived there for three years and attended for almost a year, we also went to a bible study for many weeks that was wonderful. It was led by Pastor Dave. Also, my son Jacob attended youth with Ben and Melodie and he still holds them very dear. They helped him through very trying times. I stated my belief. I guess you are welcome to question my faith in Christ Jesus, as well as call into question how educated I am. I hope it helps.
And another thing…. U just missed a golden opportunity to tell that person how sorry u were that she didn’t feel comfortable and that u and a few l ladies tried with the baby shower. U could have asked what the church could have done differently to not make that mistake again…. But u didn’t be cause u r about as Christ like as a crocodile. Hen was too nice of a word for u.
That’s right …….. if someone throws you a baby shower, coaches a baseball team they are above reproach. Typical…… Just typical…… And u wonder why your town has so many freaking problems. We all know why and thank God u have more living in the town that is calling bullshit on your manipulative ways.
Ah Doolie, yes I believe you lived in the PeEll area for short time and attended NH church a half dozen times, and while there that horrible pastors wife and the hens were kind enough to give you a baby shower. The nerve of them doing something like this to a near complete stranger something should be done about these kind of actions. I attended there for many years and never spoke in tongues a small handful of peple did, but they really do not want just anyone to speak in tongues, they prefer you be very educated follower of Christ and have a close personal relationship with him. I am guessing you are far from that.
When Todd is asked for his “papers” in prison, (meaning the inmates ask what put him there) he will probably have the same kind of physical, mental, and emotional abuse done to him. Inmates don’t tolerate baby rapers.
I shouldn’t say all were gossips. They had a few hens that liked to cluck. Let’s just leave it at that.
I went to NH for awhile. The pastor was a nice enough guy, but the wife. Woah. She runs the show. Don’t be fooled. We left because the church was full of false teaching. If you didn’t want to speak in tongues you were run off and called divisive. Janet Brown rubbed us the wrong way. Just got a bad feeling. All of the women were gossips as well.
i do not doubt one word Pete…… sad all the way around.
Far as what influences length of sentence, there will probably be a pre sentence investigation done I think by the D.O.C. They look at any prior criminal convictions, the current crime i.e. type, level of sophistication, possible psychological evaluation. It’s used as a resource by the D.O.C to help figure out what type of facility the offender is to be housed at. It is also used by the judge on occasion to aid in determining the sentence. It also helps determine what level of sex offender the convicted will be classified as.Age of convict can play a role,older the person the more set in their ways their behavior can be.
If they do one,his actual sentencing date probably won’t occur til maybe early June.
Sentences in Lewis county can sometimes be arbitrary. Some years back a well known 60 year old restaurant owner was convicted of molesting two girls under 11, and got a ten year suspended sentence, with treatment( he served four months in county jail) And a 18 year old high school kid stuck his hand down a six year old girls pants at his mothers day care and got broke off 12 years in prison, with no treatment option. So it seems connections do serve there place around here.
100 comments! Yay. If he guilty hes guilty. Justice served.