In a written objection to a judge’s dismissal of Green Hill School employee Everett Fairchild’s sexual assault case, Lewis County prosecutors allege Fairchild’s defense misled the court and requested a new trial.
Charges of fourth-degree assault with sexual motivation and three counts of indecent exposure against Fairchild were dismissed Aug. 6, after Lewis County Superior Court Judge R.W. Buzzard declared that the prosecution filed various motions too late for a constitutionally sound speedy trial.
One of those motions, Buzzard said in his findings, rendered two of the defense’s main witnesses unavailable. Defense attorney Jonathan Meyer said that rescheduled hearing dates by the prosecution made it impossible for his witnesses to testify.
In the finding of “new evidence,” prosecutors made the following claim:
“The State made personal contact with the allegedly unavailable witnesses Kathy Pannkuk and Zeb Bagley,” Lewis County Prosecutor Michael Golden said in the motion. “Pannkuk was never available for either trial setting, she was in Mexico during both trials. She was never subpoenaed or interviewed by defense.”
The motion went on to say that Bagley was available for the hearing dates requested by the prosecution, and had also never been contacted by the defense.
Bagley, the motion stated, was working night shifts at the Cowlitz County Corrections facility and not only would have been able to make the rescheduled hearings, but was never told he would be testifying in Fairchild’s trial.
Meyer said Tuesday that the allegations are false. He said both witnesses knew of the trial and were ready to testify.
Pannkuk, he said, left for Mexico because she had already been postponing her trip pending the Fairchild trial. Meyer also said Bagley had been served a subpoena but told prosecutors otherwise because he thought the document wasn’t officially served to him.
The hearing to review the documents and allegations filed by prosecutors is scheduled for Sept. 15 at 3:45 in Lewis County District Court.
Andy Campbell: (360) 807-8208
atitagain
Mr. Fairchild at it again. I'v know Mr. Fairchild for 20+ years. The charges against Mr.Fairchild are consistent with his character and behavior. Anyone who has had any contact with Mr. Fairchild knows that this is not the first time these things have happened. I applaud the Chronicle for helping to expose Mr. Fairchid. I hope that other victims of Mr.Fairchild can be as brave as Christy.
reelgreaser
The allegations that Mr. Golden has stated in this issue are false, Mr. Meyer is correct there. All of the witnesses were officially served and knew about the court hearings. How has this simple misdemeanor charge turned into a public circus. Are the allegation from the Prosecutors office against the Defense some how politicly motivated? Why was the Prosecutor for this case suspeneded for a few days w/o pay for his actions in this case...I don't remember reading about that in the paper? [ To the editor, I have heard that Mr. Fairchild presented you(Chronicle) with information from his side of the case, I don't remember reading about that either.] thankyou.
1_2many
First of all, I don't understand why Mr. Fairchild's side of the story isn't being written. The way I see it, there are always two sides to every story and so far I have only been reading about one. Furthermore, why is Michael Golden spending more of my tax dollars to pursue the prosecution of an innocent man? Oh.... my bad, it must be because he had no criminal law experience until he got elected to be our chief prosecutor. That explains why the prosecutor working on this case failed to meet the expectations of the state. I'm sure that the only one confused about local law vs. state law is Golden. I believe that Judge R.W. Buzzard made a fair and just decision based on the totality of circumstantial evidence he had in front of him and lack there of. Let's face it, this has turned into a political battle between Golden and his future competition for office with Fairchild remaining the ultimate victim.
reelgreaser
Mr. Golden you are wrong about everything you are saying in your most recent statements to the press!!! This is unfair to all parties involved and to the public that reads this paper. Are your statements just merly Political driven in an attept at a re-election or are you (and you team) just that incompetent??? I guess we'll have to wait for the hearing this month an see which one it is. I say the later of the two! Is it really fair to the witnesses to have their names and their employment info thrown out it the paper, I guess it would be if you knew what you talking about, but once again you don't. Lets make up some B.S. about you or your family and air out it in the paper, I have a feeling you won't like that to much. P.S. Hey Golden good luck with that re-election