Rape Ruling Protested Prosecutors Ask For Reversal Of Judge’S Dismissal Of Charge

Spokane prosecutors formally asked a Superior Court judge Friday to reverse her dismissal of a rape charge against an Eastern Washington University student.

Judge Kathleen O’Connor threw out a third-degree rape charge against 19-year-old Robert Hall a week ago. Hall was supposed to stand trial March 8 for allegedly having raped another Eastern student last November.

Hall insists he did not force the 18-year-old freshman to have sex.

If O’Connor accepts the motion to reconsider, prosecutors can set a new trial date. If she refuses, prosecutors said they will take the case to the Court of Appeals.

O’Connor dismissed the charge against Hall after agreeing with his attorneys that he had not been appointed a public defender promptly enough after being charged with rape.

The county’s delay in giving Hall a public defender put him in the position of having to stand trial without adequate preparation, the judge ruled.

On Friday, the woman who accused Hall of rape said she’s leaving her dorm at Eastern to live with her family in Spokane while continuing to take classes in Cheney.

She said that decision stems from fear that she’ll run into Hall on campus.

“It’s been difficult dealing with this situation out there,” said the woman, who has not been identified.

The student said she will file a school misconduct complaint against Hall next week.

Eastern’s office for the dean of students will handle the investigation. The main issue will be whether Hall broke Eastern’s conduct rules, not his criminal guilt in the alleged rape.

The woman also said she believes Eastern should remove Hall from school or suspend him while the investigation or a trial continues.

“I know he’s not been convicted yet, but I don’t think it’s fair he still is in school.”

After the alleged rape, she did not file a student complaint because prosecutors were ready to file charges, she said.

With the prosecution now in limbo, she said the misconduct process may give her some justice.

Hall was arrested in late November and then arraigned on the rape charge Dec. 15. Because he was not in jail, the state had to start his trial within 90 days of the date charges were filed.

In many cases, defendants waive their speedy trial right and stand trial much later than 90 days after charges are filed.

But O’Connor said the county created Hall’s legal dilemma by not moving faster to appoint a public defender.

The motion filed Friday by Deputy Prosecutor Brian O’Brien argued that the delayed appointment had no significant impact on Hall’s ability to prepare for trial.

O’Brien said Hall’s attorney still had three weeks to prepare for the trial, which he estimated would not be complicated, since the key issue was the woman’s consent.

O’Connor’s ruling clearly sent a signal to county officials that they need to review how public defenders are appointed.

“We are beginning the discussion of the process we use,” said District Court Judge Greg Tripp.

Since mid-1997, all felony defendants submit applications for legal assistance through the county’s probation department. That office handles more than 1,500 such applications per year. The county’s District Court judges oversee the probation department staff.

If a defendant is in jail awaiting a bail hearing or a trial, the county provisionally appoints a public defender. If the defendant is found later to have enough money, he or she will have to hire a private attorney.

But the county does not make that provisional appointment for people such as Hall, who are out-of-custody defendants.

O’Connor based the dismissal mostly on that discrepancy, said Spokane attorney Mel Hoit, who made the initial motion asking for the charge to be dropped.

“She said the state statutes don’t make a distinction,” Hoit said. “In or out of custody, the county has to make that provisional appointment in a timely manner.”

This sidebar appeared with the story: BACKGROUND Defenders Spokane County handles more than 1,500 requests for public defenders a year. Here’s how they are prioritized: If a defendant is in jail awaiting a bail hearing or a trial, the county provisionally appoints a public defender. If the defendant is found later to have enough money, he or she will have to hire a private attorney. The county does not make that provisional appointment for people not in jail while awaiting trial, such as rape suspect Robert Hall.