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.
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 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
Tags: By Sharyn L. Decker, news reporter
Odd
i wondered that also, but remember, he was convicted of third-degree rape and second-degree sexual misconduct in May 2012 … i do believe, tho haven’t confirmed, he must be serving his time in the jail for the sexual misconduct … from that same case, i mean. — sharyn decker
Does anyone know why former Pe Ell softball coach Todd Phelps convicted and sentenced to six years in state prison on a 2011 rape case. Currently is residing in the Lewis County jail, as of Aug. 19, shown arrested on two counts of sexual misconduct with a minor?
I would say he is exactly where he needs to be. except for the fact that now the taxpayers are paying for the perverted bastard . To have a home for the next 4 to 5 years. At a cost of 45 to 50,000 dollars a year to keep him there. So who is the victims here. Of course the little girl and your and i . Because now we are burdened with a cost of keeping him and others like him in jail and pay for their food. medical.so he can get out and do it again
Why do they even bother! He’s a sex offender so when he gets out he will reoffend! Sex offenders always continue. So not if but when he reoffends we all knew he would!
He will be back with more appeals since inmates have nothing but time on their hands in prison.
Well, the jury were unanimous convicting him on all counts.
Dept. of Corrections pre-sentence investigation recommended he serve the maximum sentence, to which the sentencing judge agreed. And lastly, the appellate court judges have now unanimously agreed his appeal holds no merit, and he serve out the full sentence. Looks like he’s shot his wad on this one.
And finally, putting that young girl through all that court testimony, when HE KNEW he was guilty, and offering no apology afterwards… karma’s a bitch.
Why would you hook up with someone young enough to be your granddaughter, that is so gross and wrong.
Based on the behavior I observed one spring evening in 2011 at the supermarket check-out — Of a middle-aged man, I would later discover through news coverage to be Todd Phelps — toward the uncomfortable looking teenage girl he was with, – resisting his attempted grasps. I’d say he’s exactly where he needs to be.