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Teacher's trial set for December
Published 10/10/2007
ULYSSES -- A Ulysses teacher accused of raping and fondling a 16-year-old girl is scheduled to go to trial.
Rick Cue, 51, is charged with two counts of rape and one count of aggravated indecent liberties with a child to include lewd fondling or touching.
Cue, the head coach for the Ulysses High School wrestling and girls softball teams, is a social studies teacher at the school. He was in court Tuesday for pretrial motions to include the suppression of evidence that could prejudice a jury against him.
His attorney, Wayne Tate, told the court he had three primary concerns about the prosecution's case. One concern was the Kansas State Bureau of Investigation's questioning of Cue's background as a teacher and coach.
He said the KBI is investigating whether Cue had any prior incidents of lewd conduct with former students, athletes or teachers.
Tate asked Chief Judge Tom Smith to bar Cue's prior history from reaching a jury. Smith said he would grant Tate's motion, but that the prosecution could file a motion for an evidentiary hearing if the investigation disclosed prior crimes.
He said the prosecution would have to file the motion and have the hearing before Cue's trial date, 9 a.m. Dec. 10. The hearing would determine what, if any, evidence of prior history would be allowed at trial.Robin Hathaway, Grant County attorney, told Smith she did not know of any past incidents and did not object to Tate's motion.
Tate also requested that prosecution and its witnesses be required not to speak of a polygraph test that Cue took, the responses to the test or the findings of the test.
Smith granted Tate's motion and gave Hathaway a warning.
"If a witness even mentions the word 'polygraph' I'll stop the proceeding and declare a mistrial," he said.
Lastly, Smith granted Tate's motion to suppress information Cue gave to law enforcement prior to hiring an attorney. Smith said the motion was granted because Cue had the right to remain silent and may not have been informed of that right at the time.
The prosecution's case centers around the testimony of the 16-year-old girl who said Cue inappropriately touched her and penetrated her with his fingers on two separate occasions at his home between February 2006 and June 2007.
However, Tate said the girl's previous testimony during a Sept. 6 preliminary hearing may not be credible since she allegedly made false allegations against Cue in November 2006.
Tate said the girl told law enforcement Cue had molested her in a single-bed hotel room in Wichita. Tate said the girl told police Cue told her she had to sleep in the same bed as him, but she refused and slept on the floor. While she was sleeping on the floor, Cue allegedly got on the floor with her and inappropriately touched her.
Tate said when investigated, the details turned out to be false. He said the investigation disclosed it was a double rather than a single room and that she did not share a hotel room with Cue.
"It goes to the credibility of the victim," Tate told the court. "I want to be able to introduce this at trial."
Cue has been out on a $50,000 bond since Aug. 15. He is suspended with pay from the school district pending further notification.
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