Todd Phelps, 52, speaks with defense attorney Don Blair during a break in the trial.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – Testimony continued all day on Monday from the now-17-year-old alleged rape victim in the trial of former Pe Ell High School softball coach Todd Phelps, under questioning from Phelps’ attorney.
Centralia lawyer Don Blair didn’t ask about the encounter last July between the two at Phelps’ brother’s house in Pe Ell until after lunchtime and spent only about 30 minutes on the topic.
“One of the things you told us is Todd asked if you wanted to have sex, and you shrugged your shoulders,” Blair said.
“Yes, he didn’t use those words,” the girl answered.
“When your underwear and pants were off, you didn’t say no?” Blair asked.
“I shrugged my shoulders,” the girl replied.
Blair went on to elicit agreement that the teen had previously testified her former coach had once said if they did ever have sex, he would use a towel.
“When you got into the bedroom, there was a towel on the floor,” Blair asked. She agreed that was true.
“How is it you got on the floor?” he asked.
“He picked me up and put me there,” she answered.
“And you didn’t say anything?” Blair asked.
The girl agreed.
The attorney showed her a report from the Lewis County Sheriff’s Office and asked why Deputy Matt Schlecht wrote that she told him: “I never said no, I never said no.”
The teen said she was talking to the deputy about what occurred on a couch before the two went into the bedroom.
But Schlecht is asking about the time period inside the bedroom, Blair said.
“After the thing started, I never said no,” the girl responded.
She agreed she told a friend it was not rape, saying she thought that because she did not fight and scream.
Some 30 spectators sat in on the trial yesterday that began last week in Lewis County Superior Court, only eight of them sitting in benches behind the defendant.
Many of the witnesses have been asked to remain outside the courtroom by Blair even after they’ve testified, as he may want to recall them to the stand.
Most of the hours of questioning from the defense attorney have involved who she told what and when regarding contact and communications with Phelps beginning in April of last year, as well as about her self-inflicted cutting, conversations about suicide and other topics.
A jury of six women and six men hearing the case were told by the judge they should get to begin deliberating no later than today.
Phelps, 52, 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 the high school student.
The prosecution is arguing Phelps is a man who gradually seduced a girl already troubled with low self esteem and depression. She has testified she’d never even been kissed before a kiss from her coach.
Phelps, a log truck driver, resigned his assistant softball coach position at the end of April 2011 as he was investigated by school officials about “boundary issues” with the girl.
Blair in his opening statements spoke of a coach who became close to the girl because he was worried when he learned she was cutting on herself and thought she might even commit suicide.
Blair has told the jury he doesn’t know why she is saying these things about his client and Phelps at no time thought the relationship was inappropriate.
•••
For background, read:
• “Pe Ell rape trial: Teen testifies about alleged rape” from Saturday April 21, 2012, here
Tags: By Sharyn L. Decker, news reporter
Ya let him appeal or call for a mistrial he will be in jail for awhile
Don’t hold your breath
Guilty. Appeal is for certain. Mis trial even better.
A man convicted on no evidence. Here come the advocate groups!
Regarding the July 27th work alibi. Would it not of been more effective to seek out co-workers to testify to his working that day or subeona his time card or his log book from his employer to confirm his alibi rather than use his immediate family?
Well Bugsy may not love sheep and blue pills, but is apparently a seasoned witch with a crystal ball, that sees the future. You come off as a man.
Grooming. So the wife, the daughter, the mother and the brother were all in on this grooming too? Wait, let me try and wrap some believability around that.
Yes. I am in agreement the boundary policy was violated. I read he lost his job over it. Punished there.
Why he was breaking those boundaries is the issue. You say grooming and an end result/desire of rape. Why is it completely impossible that he was actually trying to help? It is indicated that he told MANY people. There were meetings with the parents. Were they in on the grooming too?
Parents kiss their kids on the forehead all the time. But this time is gravely different?
Sure, they could have blocked the girl’s number, but wait, she was using everyone else’s phone to obsessively continue contact. Change the number, and then no one has it. That one’s not hard to figure out.
The timelines are pure crap.
The witnesses have enough holes in their stories to be a colander.
There is no physical evidence.
How did this get to trial?
Spot on again Bugsy!
RAPE
But a 52 year old man grooming a 16 yr old girl will end in
Texting does not a rape make.
I will say it again. Anyone who thinks they can convict from newspaper articles and FB chats is sadly mistaken but we can all have an opinion on what we have read and what we know. That being said here are my thoughts. I think Todd is guilty, but because I was not at the trial I cannot say guilty beyond a reasonable doubt because I wasn’t there and I may have missed key facts.
There are several things both the defense and the prosecution agree on:
*Todd 51 was texting a 16 year old girl who he coached on a baseball team.
*The girl was at Todd’s home the day of the “kiss.”
*There was a “kiss”
*There was testimony that Todd violated the boundary policy at the school by texting the girl when he was told not to.
*Todd was given a choice to quit coaching or be dismissed
*Todd quit coaching
*Todd broke the protection order twice
*Wife confirmed that Todd was using the Hotmail account
*Wife was present when he broke the order driving by her home
*Wife confirmed the claims of the girl that Todd was trying to help and counsel the girl
*Wife confirmed that the girl only wanted to talk to and be helped by Todd
*The girl was vulnerable and troubled.
WHAT IS IN DISPUTE
>Forehead or lips? He said or she said…. I believe her because of the inappropriate behavior that has been confirmed by the number of text messages, he violated the boundary policy and counseling role after being warned by the school, co-workers, friends, and coaches.
>Inappropriate texting – Wife says no but it was enough for the school to give the ultimatum and after the song and the file for saved emails points to an inappropriate relationship
>Inappropriate counseling – Todd has no credentials to provide such treatment to a student. Because his wife reported that he was counseling her and thought it not inappropriate damages her credibility and discernment and confirms that it happened.
>Inappropriate touching – Because the young girl has made these claims, appropriately realizes that how inappropriate her coach was behaving I lean towards believing her. Maybe if I knew the Phelps clan understood where the line was crossed, Phelps mended his ways, they may have made me doubt the young woman. there was also the buttock lifting to make a basket
>Where was Todd on the 27th- the daughter testified that he was at work. I would like to have known what the weather was like on July 27th. Anyone who lives in Pe Ell and is connected to the logging industry knows that although you are scheduled to work until 3:30, in the summer it is up for grabs because of the heat. He is a log truck driver and where did he drop the logs that day? Where was the witnesses. If he didn’t have any, he could have come home very early and no one would have been the wiser if he had gotten off work early and met the young woman.
>The sexual event – He said she said and so far he is the inappropriate adult that violated no contact orders and I am more inclined to believe her.
>Consent – He said she said and so far he is the inappropriate adult that violated no contact orders and I am more inclined to believe her.
Maybe others have more facts to add from the trial. I don’t know about what the brother testified to or the young girl’s mother said. I would be interested in what others had to say.
Well Ryder, I gather from your response you think all the allegations in this case are considered FAIR GAME and not punishable….
May God never bless you with a Daughter.
Well oh my, the web of deceit and lies from her side just keep surfacing. We will see what makes it through the jury.
Ryder- your perception of others is a bit distorted. I am a woman, with no need for sheep or blue pills. In fact I could wear you out within the ave 30 seconds. But that aside, you seem to be grasping at every straw in the barn.
You think is ok for a 52 yr old MAN to have a relationship with a 16 yr old girl, regardless of the depth. Let me spell this out for you.
Your 16 yr old daughter spends hours and months sending text messages to her “coach” and you think is just peachy. The coaches wife doesn’t think anything is wrong with it either.
For petes sakes….KMART has blue light specials, do you people need a SIREN too!
You are correct Ryder. The lead detecive was formerly married in to the victims family and still has a good relationship with them.
No Bugs did you violate any sheep today. Or can you afford the little blue pill . Jackass
Hey Ryder…. Did you haul a couple of long pieces of Lumber home today and turn off at Adna?
If the system convicts based on hearsay and no evidence something is very very wrong I hear one of the detectives is related to the so called victim Sounds so shady
Sometimes it’s equally important for a defense attorney to not seek an answer as much as it is to seek one. Stated more clearly his cross examination focuses on whether or not she said no. The crux of the case is: SHE NEVER SAID YES. She never gave clear consent, thats why Phelps is charged with rape.
Why was he disiplined for violating school no contact boundarys? Why is it documented he kept violating a no contact order taken out against him by the MINOR girls’ PARENTS? Why did they feel the need to take one out against him in the first place? It is not the norm for a 52 year old married man to take such an interest in a MINOR Child who has her own family support system. Why was he spending time alone with her, why didn’t he scout teams with his daughter(s) and wife also?
Just leaving work. I’ll gather my opinions and post later tonight. Don’t worry
Exactly Ryder. That post has been up since early this morning, and no comments? Where are you justiceforall, disgusted, loogie, Mike, Pete and interested?
Ryder- thank you for taking the words right out of my mouth. Amen to that.
Sharon posted her update. HURRY, so you can all be the first to call the defendants family liars. You all can’t miss that opportunity. After all, We KNOW the girl can’t be lying right? RIGHT
What a crock this whole story is. I feel sorry for the jury.
I’m really surprised a mis trial flag has not been thrown on this play.
Mike’s Cafe – Can’t you post what you heard of inferred from the testimony from the brother?
Did anybody catch the reference to the “for you little star” file for the emails. If you Google it, there is a reference to a song, “Little Star” that was in the movie Romeo and Juliet staring Leo DeCaprio. It is a little creepy and the words are eerie. Not sure if that was his or her’s intent but it would be a heck of a coincidence. The “without you” song reference also cut from the same cloth.
If Sharon doesn’t post her article soon I will go mad from anticipation. I am also hoping that her article with help us understand the verdict when it comes in.
I would love to tell what I know but I do not want to screw up this case I do want to clairify one thing, Todd Phelps was not ever a teacher at PL school he barely made it out of High School.
And Todds brother was working out of town last year and had no knowledge of Todd’s actions, and it looked to me like he actually threw him under the bus wednesday when he testified.
Any updates ?
Oh my God… it just dawned on me the advantages for the wife, daughter, and mother to testify when they may only provide simplest expected support. They would not be allowed into the court room to see the other witnesses. Brilliantly sick …..
I am trying to be patient for your article Sharon. But it is getting rough. I am hoping it is much better than the Chronicle. The comment of the Mother testifying about Phelps coming to see her and not mentioning the girl was ridiculous. If the wife followed with the couple had sex the same night as the alleged rape I am going to throw up….
Is there any phsical evidence that has been introduced? One commenter said some of the evidence could have been washed. I wonder if luminol was usedby investigators. That would be the nail in the coffin for the defendant.
I noticed there was a not guilty plea hearing to third amended information. I wonder if the prosecution upgraded a charge? I’ve heard prosecuters can do that during trials, but I’m no authority.
OOPS, yes I meant HIS daughter…
Todd has 2 daughters. The younger one is a witness. The older one was the one giving dirty looks.
Country Chick…I thought people who testify are kept in a seperate room so they can not hear what others say during questioning? Wouldn’t Phelps’ daughter be in a room with the rest of the witnesses for the defense, and not in the courtroom? So how can she be tossed out of the courtroom if she is not there to give the victim dirty looks? Also, wouldn’t the victim also be in a seperate room with the witnesses for the prosecutors as well? Let us all remember who is on trial here, Todd Phelps, not his daughter.
Steven, Rumors are just that….Rumors. No one can really know for sure if it is the daughter or not. So I don’t think it is fair to point fingers and assume things you have absolutely no way of knowing to be true. For all we know it could be another family member, friend, or someone who doesn’t believe the story.
I agree with Interested, Ice Cream Eddie hit the nail on the head. He won’t be having very much fun in jail….considering there aren’t very many young girls to prey on.
Ice cream eddie, your comment was right on point!!!!! he deserves what he gets!!!!!!! Wont be god judging him in prison, it will be the other convicted fathers that hate chimos
I have found in my travels when parents act and behave as if they are above the law and undeserving of consequences for their wrong doings they teach the same expectation and sense of entitlement to their children.
It could be the daughter knows exactly what the father did and doesn’t think he did anything wrong. Maybe inconvenient and disruptive to the family but not enough to warrant punishment by the law or scorn from the town folk. She may be a Todd in training, perfecting her lies for tomorrows testimony as we speak. I have seen young adult children do it before and it is astounding. She may not be the naive little lamb who believes in her Daddy, deserving blessing and prayers from above. She may be a cold hearted pariah like her Pop.
If its the daughter posting the negative comments there is a part of me that feels for her but at the same time the level of delusion she is experiencing is astounding to think that this is all made up. God I think someone else sad it right, what a “sick fuck.” How could he do this to his daughters.
She has got to know that at minimum her father was having a very inappropriate relationship with a 16 year old because everybody can’t be lying.
Steve do you mean HIS daughter is the one posting the negative comments? Because Ive thought that from the beginning! She was almost tossed out of the courtroom for giving the victim dirty looks.
Looking forward to your next article Sharon.
Not finished with witnesses yet. Defense didn’t even get to begin until almost 4 p.m. today. Called two witnesses and will be back at it in the morning.
Are both sides finished calling witnesses? Has the jury started deliberating?
Todd has never grown up. Liked hanging around with folks at least 10 years younger than he was. Always had an attitude that the rules didn’t apply to him. Reality check, Peter Pan: Chimo’s are the bottom of the food chain in the big house.
The rumor is her daughter is the one who’s been posting all the negative posts! WOW
How did the subject of the two of them possibly ever perhaps having sex come up? Did coach Phelps bring up the issue? He’s the same slime ball he always has been,useing church as a smoke screen. I wonder if his brother was in on his scheme, it took place at his house after all. I’ll be suprised if he elicits much sympathy from the jury.
This is just a sad situation. Things like this often mess people up for their whole life.Even if she asked for sex, even if she begged, he is 50 something years old. He was the adult in the situation and he should have said no.
I TOTALLY AGREE TIREDOFIT
A teacher or coach having sex with a student isn’t inappropriate?!What world does this guy live in? Regardless if she was 16 or ok with it… he’s in a position of authority over her and its completely wrong and this sicko should go to jail for it.