Attorney Lee Davis, left, talks with Ooltewah Athletic Director Allard "Jesse" Nayadley after Nayadley took a pre-trial diversion of his charges of failure to report child abuse while appearing in Judge Greenholtz's courtroom. Photo by Doug Strickland/TFP
OOLTEWAH, TN (WRCB) -
UPDATE: The case against Ooltewah High’s former basketball coach will head back to court at the end of the month after two motions were filed last week.
Attorney Curtis Bowe filed the motions in Hamilton County Criminal Court requesting a delay in the case, which was set to be heard on August 24 in Judge Don Poole’s courtroom.
According to the motion, Bowe had not yet received full discovery from the state.
“It will take some time to review the material and independently investigate the same on behalf of Montgomery,” writes Bowe, who goes on to ask the court for a continuance of at least 60 days. Bowe adds that a witness essential to the “resolution” of the matter, referring to Gatlinburg Police Chief Rodney Burns, has pending perjury charges in Hamilton County that are “strategically and necessarily impeding Montgomery’s case moving forward.”
Burns, who was recently indicted on two counts of aggravated perjury in connection to his testimony in the Ooltewah rape case, is due back in court on August 23.
In addition to Bowe’s motion to continue he also asked the court to dismiss the case altogether, saying the four indictments against Montgomery for failure to report child sexual abuse were “brought under vague and ambiguous statutes.”
Montgomery was given a new court date of August 31 when both sides head back to court.
PREVIOUS STORY: Both Andre Montgomery and Rodney Burns entered not guilty pleas in criminal court for charges related to the Ooltewah rape case.
Montgomery appeared in Judge Don Poole's courtroom with his lawyer.
A grand jury indicted the former Ooltewah High School Basketball Coach last month on four counts of failure to report child sexual abuse.
Volunteer coach Karl Williams, who at one point also faced charges in the case, sat next to Montgomery in the courtroom.
The district attorney's office dismissed the charges against Williams because his volunteer status didn't come with training regarding the mandatory reporting law.
Athletic Director Jesse Nayadley also faced charges in the case but accepted a pre-trial diversion on the conditions of completing at least 10 hours of community service and taking a class on mandatory reporting.
If he completes those requirements, his record will be wiped clean in 90 days.
In Friday's other, related hearing, an attorney representing Gatlinburg Police Detective Rodney Burns also appeared in Judge Tom Greenholtz's courtroom Friday on his client's behalf.
A grand jury indicted the detective on two charges of aggravated perjury because of his testimony in a preliminary hearing.
Montgomery and Burns will be back in court in August for status hearings.
The three juveniles charged in the case will go on trial in Sevier County later this summer.
PREVIOUS STORY: A Hamilton County grand jury has indicted Ooltewah High School’s head basketball coach on charges connected to the rape of a player.
A grand jury indicted Andrew Dejuan Montomery on four counts of failure to report child sexual abuse.
Montomery is scheduled to appear before Criminal Court Judge Don Poole on June 3 for an arraignment hearing.
PREVIOUS STORY: The first of three school officials, charged in connection to the Ooltewah rape case has learned his fate.
It's taken more than four months for the charges against Athletic Director, Allard "Jesse" Nayadley, for failure to report child sexual abuse, to come full circle.
District Attorney, Neal Pinkston announced Wednesday morning that the state would be proceeding by what is known as a pre-trial diversion. Attorney, Lee Davis explains that his client was given an opportunity to have his case dismissed and wiped clean from his record within 90 days with good behavior.
"A plea is an admission of guilt and the court accepts a guilty plea and can withhold a guilty plea if they want, that's a traditional diversion that you've probably heard about," said Nayadley's attorney Lee Davis. "This is different and it's not used as nearly as often. A pre-trial diversion is a unilateral decision by the prosecution saying we're going to terminate the prosecution, there is no guilty plea there is no admission of guilt, there is not accepting any responsibility that a crime was committed."
The Ooltewah High School Athletic Director and Assistant Principal was charged with failing to report child sexual abuse or suspected sexual child abuse in connection to the December rape of a freshman basketball player at a tournament in Gatlinburg, TN. The victim had to undergo surgery for his injuries. Davis says his client has been fully cooperative with the investigation since the beginning.
"He was not at that basketball tournament as an Assistant Principal or Athletic Director. He was up there as a father of one of the basketball players and that's why he got involved when he heard about the incident and it's been reported before with our consent that his son was one of the alleged victims in the case."
Nayadley will now have to complete at least 10 hours of community service and take a class on mandatory reporting.
"I think relieved is probably the best way to say it," said Davis. "It's never a happy day when you have to go to court, even when the prosecution and Judge see it from your point of view, he wishes this never happened to begin with as do I."
Nayadley hopes to complete his community service and training through the school system. Head Coach, Andre "Tank " Montgomery and Assistant Coach Karl Williams are also charged with failing to report the abuse, its unclear if they will be offered the same opportunity or not.
PREVIOUS STORY: Hamilton County District Attorney, Neal Pinkston offered a pre-trial diversion Wednesday morning to Ooltewah High School Assistant Principal and Athletic Director, Allard "Jesse" Nayadley.
Nayadley, along with former Ooltewah basketball coaches Andre "Tank" Montgomery and assistant coach Karl Williams were charged with failing to report a rape of a former Ooltewah student in December of 2015.
Nayadley's attorney, Lee Davis tells Channel 3 that the case will be dismissed in 90 days and it will be expunged from his record. Jesse Nayadley is required to do 10 hours of community service. He will also complete a class on reporting abuse, as all teachers in Hamilton County do.
Accepting a pre-trial diversion, Nayadley is forgoing his right to have his charges heard before the Grand Jury.