Michael Pratt, back right,a former seminary principal stands behind his attorney Dusty Kawai as they listen to the State's arguements during Pratt's court appearance in 4th District Court in American Fork to set a preliminary hearing. The setting of a preliminary hearing was pushed back one more week. Defense attorney Dusty Kawai is seeking more information from the State, and the State feels they have provided the necessary information. Tuesday Sept. 8, 2009 Stuart Johnson/ Deseret News/AP Pool Photo
The sexual abuse case against a former seminary principal was delayed Tuesday due to disputes over evidence.
Dusty Kawai, public defender for Michael Pratt, 37, asked Judge Christine Johnson for a special hearing Tuesday to rule on evidentiary issues. Kawai said he has requested text message and phone records from the prosecutor's office, but they filed an objection in response.
Defense attorneys can get the information they need directly from the service providers for the phones, but that option was nixed when the state's objection was filed, he said.
"No service provider is going to give that to me without an order from the court," Kawai said.
Without the evidence, Kawai said he does not want to schedule a preliminary hearing for Pratt. It is his constitutional right to have all of the evidence in the case, and a hearing is needed on the matter before the case proceeds, Kawai said.
Prosecutor Julia Thomas, however, asked the judge to proceed and schedule a preliminary hearing in order to keep the case moving. It is the victim's right to a speedy trial as well, she said, and the defense must only have all evidence before the defendant formally enters a plea, she said.
The prosecution does not object to turning over evidence it has, Thomas said, but she does not have the information defense attorneys are asking for. The defense can get the evidence on their own with a subpoena, she said.
"We have provided everything that we have," Thomas said.
Thomas said she could not comment on what information prosecutors have received from service providers, but she said the evidence that defense attorneys are seeking required additional hoops to jump through for information the prosecution did not feel is relevant.
Pratt is charged with 10 first-degree felony counts of forcible sodomy, seven counts of object rape and two counts of rape, and two second-degree felony counts of forcible sex abuse. Prosecutors say he engaged in a sexual relationship with a 16-year-old Lone Peak High School student for several months. Until his arrest, Pratt was principal of the Lone Peak High School LDS seminary, where the girl was a student. LDS Church spokeswoman Kim Farah said Pratt was terminated after the allegations surfaced.
Posted in Local, American-fork, Highland, Pleasant-grove on Wednesday, September 9, 2009 12:00 am Updated: 7:41 am. | Tags: American Fork, Highland, Pleasant Grove, Michael Pratt, Lone Peak High School
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