A tentative trial date of June 9, has been set for Tyler Smith, the former Hoquiam High School football player accused of rape. However, after his defense attorney filed a motion to sever the two counts against him, that date could change.
Smith, 18, removed himself from the Hoquiam High School football team after it was alleged he had forced a young woman to have sex with him after she repeatedly said “no” last July. During the investigation a second allegation surfaced, that Smith had allegedly forced a different victim to perform oral sex on him in December of 2012.
The allegations from July charge Smith with rape in the third degree, while he is charged with second-degree rape for the incidents in 2012.
In Superior Court on Monday, Smith’s defense attorney Scott Campbell filed a motion to sever the two counts, which would allow Smith to have a separate trial for each incident. This way, the defense argues, Smith will have a fair trial for each case, without any prejudice from a jury.
“The factors that tend to mitigate prejudice are not sufficiently present to warrant joinder of these offenses. It is the defense’s position that the state’s evidence is not strong on either count,” court documents filed by the defense state.
If the motion is granted by a judge, there will be new trial dates for each count.
Smith was released on $10,000 bail last fall and took the field for Hoquiam just days after being charged. Shortly thereafter, Smith and his father announced to Superintendent Mike Parker that he had decided to voluntarily remove himself from the team.
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