All four members of the Polish death metal band Decapitated have been released from jail as they await trial of accusations they raped a Spokane woman.
Steve Graham, defense attorney for Waclaw Kieltyka, 35, said the order was granted for his client on Monday in Spokane Superior Court. Michal Lysejko, 27, Rafal Piotrowski, 31, and Hubert Wiecek, 30, were released on Nov. 22.
As part of their release conditions, Judge Julie McKay ordered them to stay in Washington, but they can leave Spokane County until ordered to return. They were ordered to turn in their passport, and in the case they do return to Poland, were ordered to sign waivers of extradition, meaning Poland would be required to extradite them to Spokane.
They did not have to post a bond and instead were released on their own recognizance. Bail was previously set at $100,000.
Graham said Kieltyka would be staying with family in Seattle. Other members have found temporary housing in the Spokane area, including staying with attorneys or other families. They are not to have any contact with each other without their attorneys present.
The four band members are accused of detaining a woman in their touring bus and raping her after playing an Aug. 31 show in downtown Spokane.
The band was arrested in Los Angeles County after a show there on Sept. 9. They were then extradited to Spokane County.
Graham and other attorneys had originally pushed for a trial date of Dec. 18. The request was granted, and trial was fast-tracked, but it has since been delayed.
On Monday, Graham and other attorneys filed a motion to have them released. As part of that hearing, they attached a letter written by Dominik Tarczynski, a member of Poland’s Parliament, that Graham believes helped the judge agree to release conditions.
“I am writing in support of my fellow countrymen,” Tarczynski wrote and signed on Dec. 9. “I would like to urge you to consider release of these men on bail until their charges can be resolved.”
The politician told the judge he would ensure the four show up to future court dates, and that they all “take this matter very seriously.”
“I have great interest in their well-being, and hope their condition is well at this time,” he wrote.
The defense also attached testimony from Andy Marsh, a member of Thy Art is Murder, another band who were playing the same show as Decapitated in Spokane. Marsh said he saw the woman in the front of the stage, in an area commonly referred to as a “mosh pit,” where she was violently dancing.
“She was smashing her hands, arms and body against the metal barricade between the audience and the stage,” according to court documents.
The woman told police she sustained bruises when she was attacked, according to court documents. She alleges she was pushing against the wall and mirror with her arms and hands while the rape occurred.
The band is set to go to trial on Jan. 16. Jeffry Finer, attorney for Piotrowski, said they were confident trial would remain on that date.
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