By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A judge declared a mistrial yesterday in a rape case in Lewis County Superior Court and it’s not clear if prosecutors will attempt to try again.
A 23-year-old Centralia man was charged late this summer for an incident reported in the spring of 2015 that allegedly occurred a year earlier at a rural Centralia home with a young woman with whom he had somewhat of an intimate relationship.
Jordan T. White was charged with second-degree rape, pleaded not guilty and proceeded to trial. He has been free on an unsecured bond.
Defense attorney Shane O’Rourke said they were most of the way through their first day yesterday, when the sheriff’s deputy sitting with the deputy prosecutor dropped his pen onto the table, at a particular point during a recording being played for the jury.
O’Rourke said he wondered if it was intentional or not and began watching the deputy, and saw him bow his head and put it into the palm of his hand, in a way a person could potentially perceive to mean, “I can’t believe what I’m hearing.”
Finally, when the deputy gestured to the alleged victim while she was on the stand testifying, O’Rourke made an objection and the jurors were sent out of the room.
“I wondered, is he encouraging her to cry, trying to console her,” he said. “Unfortunately, the jurors were watching.”
It’s common for the investigating law enforcement officer to sit at the prosecutor’s table during criminal trials. Officers of the court are not allowed to comment on the evidence during trial, even non-verbally.
O’Rourke asked Judge Nelson Hunt for a dismissal, for government misconduct, saying he believed the deputy’s actions tainted the jury.
Judge Hunt concluded the defendant had been prejudiced, citing intentional and problematic behavior, O’Rourke said. He declared a mistrial.
Lewis County Deputy Prosecutor Melissa Bohm declined to comment today if another trial would be held.
Bohm said the attorneys will go before a judge tomorrow, to set a new date for a trial, but she expects the defense will make a motion to dismiss the case entirely.
The case was investigated by the Lewis County Sheriff’s Office, beginning in April 2015. The alleged victim, 19 years old at the time, said she didn’t report it when it happened out of fear, embarrassment and uncertainty about what would happen, according to charging documents.
She told the deputy she and her friends were drinking Fireball, she was heavily intoxicated and realized the next morning she had been anally penetrated, according to the allegations. White told the deputy the two had a history of fooling around, with oral sex, and on the night in question, what they did was her idea, because she wanted to remain a virgin, the documents state.
A brief hearing is scheduled for tomorrow afternoon in Lewis County Superior Court.
Tags: By Sharyn L. Decker, news reporter
Ok, Do you care describe what I have done that was bulling? People like you can cast stones and sling arrows at me all day long but when I retaliate I am totally in the wrong. Sherman, You are the hypocrite!
Hypocrite much, Mr. Peabody? Now that you’re posting clean and sober you ignore your own past attacks on innocent victims here on LCS and preach God’s forgiveness? You ignore Bo’s own bullying behavior on this thread and cast him as the innocent underdog? I suggest you take your own inventory by rereading your own past posts and your cruel comments to grieving families before looking for more windmills to joust. You can’t use the WABAC time machine to make amends this time.
Bo this is why there on now Bullseyes on their badges. Holding court in the street is Trendy. Sharyon couldn’t release the info because she would befriend the cops if she did.
If what the deputy did is accurately described here, then it’s a real red flag for someone who’s ego has gotten a lot larger than their shoulders. You don’t get away with that sort of cheap crap unless you’re someone’s pet and used to being protected.
I just spoke with Commander Dusty Breen of the Sheriff’s Office through a Public Disclosure Request regarding the deputy described in this article. The Deputy was identified by Commander Breen as Deputy Justin Rodgers. And of course no surprise, Deputy Rodgers is NOT being disciplined. What a crock of shit! He should be in jail for contempt.
Hey Fan Of Boy let it rest, you people act like mr. Rupert is some type of career criminal. Well let me tell you everyone makes mistakes in their lives. Mr Rupert has served his time and paid his debt to society. This is how is our Justice System works people. Bringing up the fact that he was convicted of a crime over and over again serves no real logical purpose. Thousands of people have turned their lives around from the negative to the positive. Bo has turned his life around and is on the right path to a positive future calling him a criminal over and over again only defeats the rehabilitation process. Fan of Bo we all know that every man has sinned and falls short of the glory of God. Fan of Bo go look in the mirror and tell yourself you’ve never committed a crime, this would be a lie you might of just never been caught. No one is perfect and we all have committed some type of crime in life. Some get caught some don’t. The real laws to follow are God’s Laws, man’s laws are flawed and many are ridiculous at best. Get off you’re high horse and praise Mr. Rupert for his commitment to turn his life around and be a productive member of society. I’m so sick if people claiming that their better than others. Thanks Bo for you’re comments on LCS you do really have the World in you’re hands don’t bother listening to these Perfect Citizens who claim they have never sinned. The DCE
I am far more productive than you could ever be. Yes, Jay Inslee did get back with me. I did apply for a pardon. The things I learn and continue to learn about the murder of Micheal Ray Worthy are ongoing and helpful. Five people have come forward and submitted signed notarized affidavits to the FBI. I have graduated and earned not a GED but an HS diploma and I am in college now. So, the real troll looking for victims is you. And by the way, how does this have anything to do with this deputies conduct?????
Bo, Bo, Bo, conduct so unbecoming a dedicated Christian and a future Senator. Hey did Inslee ever get back to you? Also you must be pretty tired, because as I recall you promised someone you would not rest until you solved the “murder” of a Centralia resident by CPD. So many good intentions not followed through are nothing more than lies! So many promises, so few fulfilled.
Stop committing crimes. Unlatch yourself from society’s tit. Get your GED. Get a respectfull job. Stop trolling the internet for your next victim and become a productive member of society. At the moment you are nothing more than a little boy who bullies others.
Good luck little fella!!!!
Would you like to meet me somewhere and have this discussion face to face???? Or are you too scared for your own safety???
Bo you silly convicted felon….always demanding perfection in others while racking up an impressive criminal record yourself…Go get em’ Tiger!!!!
Sharyn L. Decker, What is this Deputy’s name? We as members of the public have a right to know the identity of a public servant. What is his name?
Exactly why do criminal law enforcement officials always have their names withheld, I know so they can continue their crimes against humanity. No dash cameras no body cameras no justice. In the future police uniforms will be nothing more than rags sold at the Goodwill. Release this officers name Sharyon quit protecting criminals with Tin Badges.
This is not to be confused with Jordan n White. 21 years old of lewis county.
Yikes………..it looks like it is time to hire a new deputy. An entire sexual assault case thrown out on mistrial and maybe not going forward at all. That does not help the victim who was scared to report it in the first place. I see major disciplinary action looming.
This deputy needs to be fired and prosecuted for his conduct. For one, he violated the rights of the defendant to have a fair and impartial jury. And for two he may have just cheated the victim out of justice IF she was raped. I have met Jordan White, if I was him I would sue this deputy, the Lewis County Prosecuting Attorney’s Office, and the Lewis County Sheriff’s Office. This was totally uncalled for. I have stated before and I will state again, there are few people that I hate as much as I do Shane O’Rourke. However, for once he is actually standing up to corruption. This is just totally unbelievable. Sheriff Snaza needs to reprimand this deputy for his conduct. This was so out of line it is almost inconceivable!
It seems the public should know the name of the deputy given that we, the taxpayers, paid for ALL OF THIS from the costs and salaries of the court staff, the judge’s salary, the costs and salaries of the prosecution, costs for jury selection, costs for the building court is held in, and even this deputy’s salary while he threw all of it down the drain with his arrogant and unprofessional actions! Way to go Lewis County Sheriffs Office, yet another job well done! “Public Safety (?) through (Un)Professional service”
Idiot deputy? Take your pick there are a lot of them. I’m just stunned that Hunt actually did the correct thing in this case.
Who is the idiot deputy?