Tuesday, June 29, 2010

Walker Middle School Rape Case Set For September Trial

Tampa - judge today refused to order the prosecutor Walker Middle School rape case interrupt holidays abroad family, so lawyers can quiz him.Lawyers are scheduled July 16 deposition teenager, but was told his father and prosecutors, that teenagers are in Ethiopia. Defence would judge to order prosecutors and adolescents to explain why he would miss the jury questioning.


But Hillsborough Circuit Judge Chet A. Tharpe dismissed the prosecutor's office said after the teens return to the country a week before school is scheduled to begin August 24.

Assistant U.S. Attorney Kimberly Hindman said the attorneys knew adolescents may not be available, when they were scheduled deposition.

Tharp said the lawyers could move the boy a week on August 16. He appointed a hearing on September 13, saying that he would not continuances.

Walker Middle Four students were charged with sexually assaulting their flag football team, and then 13 in the school locker room of March and April 2009.

Louis Lee Myers, 15, Diemante Roberts, 16, Raymond Price, Murray, 15, and Randall, John Moye, 15, each was initially charged with four counts of sexual battery.

Authorities claim that Moye and Myers restrained the victim while Roberts and Price, Murray attacked the boy with a broom and hockey stick.

Prosecutors later dropped two of the charges against Myers after his lawyers have established an alibi for those charges.

Moye pleaded guilty to one count of felony battery in exchange for a sentence as a juvenile. As part of the transaction, Moye agreed to testify against other teenagers.

According to lawyers, Moye said in an affidavit that there was no sexual abuse, describing the incident as a "mere horseplay."

DNA tests taken from items seized in the case did not find matches for any of the defendants.

Tim Taylor, a lawyer Myers, said the defense has deposits of more than 30 potential witnesses, including 18 members of the team flag-football.

It said the doctor and nurse who examined the accuser said there was no evidence of sexual violence.

Norman Cannella, another lawyer Myers, said the defense will seek to postpone the trial, despite a warning Tharpe, unless deposition prosecutor reveals new information that requires further study.