A Spring Lake man’s sexual assault trial has been rescheduled, now that a decision has come down from the Michigan Court of Appeals.
According to the Grand Haven Tribune, Thomas Barnes Galloway, 45, is scheduled to go on trial Aug. 8 for allegedly sexually assaulting a 13-year-old girl in 2012. The girl was a member of a club softball team that Galloway coached.
Galloway’s Jan. 24 trial date was postponed pending the result of an appeal filed by the defense with the state court.
The new trial date had been pending a decision on whether or not the high court would hear the appeal concerning the admission of cellphone evidence and other acts in the trial. The court denied the hearing.
“We are extremely disappointed in the result from the Court of Appeals,” said defense attorney John Moritz.
Moritz said he would talk to his client about the possibility of appealing to the Michigan Supreme Court.
“It’s a matter of what evidence would be introduced at trial,” he said.
The attorney noted that any decision on this evidence would not affect whether or not the trial would be held. The evidence in question includes texts and pictures on Galloway’s cellphone, as well as information on “other acts” submitted by the Ottawa County Prosecutor’s Office.
In early January, Moritz filed an interlocutory appeal regarding the decisions in Ottawa County Circuit Court to allow the evidence.
On Nov. 18, 2016, Ottawa County Circuit Judge Ed Post denied a defense motion to suppress a cellphone used by Galloway to be placed into evidence. During the same time frame, Post granted a prosecution motion to allow other acts as evidence.
Galloway, a local builder, was arrested in March 2016 after the incident was reported to and investigated by the Ottawa County Sheriff’s Department.
Galloway posted bond, but was brought back to court three times for violating bond conditions before his bond was raised to $500,000 in November 2016.
Another motion to reduce bond because of the unknown time it would take for the Court of Appeals to address the defense request was made in late January. Ottawa County Circuit Judge Jon Hulsing denied the request and Galloway remains lodged in the Ottawa County Jail.