LAUREL COUNTY, Ky. —
“Mr. Crabtree’s client is not illiterate,” Steele said. “He signed his name to the bond to have no contact.”
To further his argument, Steele said phone records show there have been more than 500 cell phone communications between Phelps and the victim since the indictment in February 2012. In fact, he presented to Jensen that of 536 texts between the two, Phelps had sent 251. There were also 26 phone calls, with eight of those made by Phelps.
But Crabtree stated again he was not aware of any “no contact” restrictions on the female whose case had been dismissed in the original indictment, which named a then 14-year-old girl in four counts and a 17-year-old girl in a fifth count. The charges involving the 14-year-old girl were dismissed after the Commonwealth’s Attorney’s office received an audiotape of the younger victim admitting she had lied about the incident with Phelps. However, the Kentucky Supreme Court ruled to uphold the fifth charge involving the then 17-year-old girl on the basis Phelps was in an authority position as an administrator with the Laurel County School System when the incident took place.
Crabtree admitted he had advised Phelps not to have any contact with either girl, but he could not stop the younger girl from contacting Phelps.
“I was aware that (she) had contacted my client. I told him not to have any contact with her,” Crabtree told Jensen. “Perhaps Mr. Steele needs to tell her. He knows her very well. It’s a two-way street.”
Jensen warned Phelps the charges brought up by the Commonwealth Attorney’s office were “very serious.”
“Beginning today, you will have no contact with (other girl), and perhaps we need to look at additional conditions,” Jensen said. “I’m going to give you another chance.”
Jensen then reiterated Phelps be on home incarceration from 6:30 in the evenings until 6:30 in the mornings.
“That way you won’t be out here running around,” Jensen said.
He also set a new trial date for Dec. 2, with Phelps’ final pre-trial scheduled for Nov. 22.