Accused Rapist To Stand Trial After All Judge Who Ordered Case Dropped Reverses Himself After Review

Criminal charges against accused rapist Mark Kelley were reinstated Wednesday by the same Spokane County Superior Court judge who dismissed the case last month.

Saying he didn’t have all the facts before dropping the charges on June 10, Judge Paul Bastine called his earlier ruling premature. He ordered prosecutors to proceed with all five counts against Kelley, 31.

“A review of the complete record indicates that much more had occurred on this matter than was provided to (me),” Bastine said. “It is ordered that this matter…proceed to trial.”

Kelley was arrested Dec. 3 after police said he raped a teenager and held her captive in a North Altamont house for six hours before surrendering.

Prosecutors charged Kelley with first-degree rape, first-degree assault and two counts of kidnapping and prepared for a June 10 trial.

That morning, however, defense attorney John Nollette asked the judge to dismiss the charges, saying prosecutors violated Kelley’s constitutional right to a speedy trial by taking too long to bring the case to trial.

At issue was the time it took for the completion of Kelley’s court-ordered psychiatric evaluation. Prosecutors argued the “speedy trial clock” stopped from Jan. 9 until May 3, when the report was finished.

Bastine disagreed then, but said Wednesday he didn’t have access to transcripts of previous hearings on the same case with another judge. The speedy trial issue was discussed in those prior hearings.

The judge also belatedly determined that Nollette’s request for dismissal wasn’t timely.

Deputy prosecutors Ed Hay and Carol Davis hailed Bastine’s reversal as a demonstration of “real integrity.”

“I’m grateful to him for that,” Hay said.

Davis, who has been criticized over the past few months for having another rape case dismissed on similar grounds, was clearly relieved Wednesday.

“I feel exonerated,” Davis said. “The decision was wrong and I’m thankful the judge saw that.”

In March, a rape case against former Eastern Washington University football player Tony Ledenko was dropped because Judge James Murphy said Davis missed a speedy trial deadline.

Davis said that dismissal currently is under appeal.

“I hope now I can take Mr. Kelley to trial and get convictions,” she said. “And I’m hoping to be able to take Mr. Ledenko as well.”

Before announcing his decision Wednesday, Bastine reprimanded Spokane County Prosecutor Jim Sweetser for publicly criticizing his previous ruling. Sweetser held news conferences to try to “inappropriately influence the court,” Bastine said.

“This court … will not be swayed by such attempts,” the judge said.

Hearing that, a red-faced Sweetser left the courtroom before Bastine announced his decision on the Kelley matter. Outside, the prosecutor angrily vowed to “appeal this all the way to the state Supreme Court.”

“The public has a right to know,” he said. “I’m accountable to them.”

He was later told that Bastine had granted the request to reinstate Kelley’s charges.

Kelley’s lawyer, Nollette, had little to say about the decision. He can appeal the ruling if Kelley is convicted.

“I guess we’re going to trial,” he said. “Let’s go.”

, DataTimes