Katherine Cowell trial delayed to September
NED NEWTON | Hagadone News Network | UPDATED 1 year, 1 month AGO
The jury trial for the former owner of an unlicensed Naples child daycare, charged with two counts of lewd conduct with a minor, was continued to September.
Katherine Cowell was to be tried before a jury for five days beginning July 14, but she will now have to wait until Sept. 29, after a motion to continue was granted at a July 11 hearing.
She faces two felony charges that each carry a maximum sentence of life in prison.
Katherine Cowell's husband Richard Cowell III pled guilty at a July 1 change of plea hearing, after his jury trial was continued June 5. Part of his guilty plea included admitting to overt actions of criminal conspiracy with Katherine Cowell to commit lewd conduct with a minor under 16.
“A plea in Richard Cowell’s case does not legally impact Katherine Cowell’s presumption of innocence in any charges she may be facing,” said Boundary County Prosecuting Attorney Andrakay Pluid, who is not involved in either case. “From a practical standpoint, it could make a defense more challenging.”
At a June 16 pretrial conference, Bonner County Prosecuting Attorney Sarah Hyde said she expects the trial to last three days. But District Judge Susie Jensen ruled the trial will remain scheduled for five days.
The state intends to call five witnesses, according to court records. Boundary County Sheriff’s Office Det. Caleb Watts, the arresting officer, will be called to the stand after previously testifying at a March 17 preliminary hearing.
At that hearing, Watts testified that he went to the Cowells’ home in Naples, where he conducted an interview with Katherine Cowell. He said the interview was “a little bit odd” because she did not respond to questioning about the alleged sexual relationship but instead brushed her hair and smiled.
The state also intends to call Bonners Ferry Police Chief Willie Cowell, who informed Watts in February of the allegations leading to Katherine Cowell’s arrest.
According to court records, the state will also call Matthew Cowell to the stand. According to Watts’ March testimony, Matthew Cowell informed Willie Cowell of the allegations.
The two other testimonies will be provided by the alleged victims.
Katherine Cowell is represented by Catherine Enright, deputy public defender with the Bonner County Public Defender’s Office.
Enright filed a motion to change the venue of the trial from Boundary County to Bonner County in April. Hyde had no objection, so Judge Jensen approved the change.
“Obtaining a fair and impartial jury in Boundary County is unlikely given ... the fact that Boundary County has a relatively small population of about 13,557 people. This compares to an estimated population of about 52,547 in Bonner County,” the motion states.
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