A Green River Police Officer charged in a toddler’s death has requested to withdraw his plea.
The defense for Jacob Rollen Anglesey, 35 of Green River, has filed a Motion To Withdraw No Contest Plea. In the motion, the defense requests that the judge allow Anglesey to withdraw his plea of No Contest which was entered on September 8, 2017.
Anglesey pleaded No Contest to a superseding charge of Voluntary Manslaughter which carries a penalty of up to 20 years imprisonment. Anglesey was originally charged with Murder in the First Degree.
Anglesey is charged in the death of two-year-old Konnor Allen in March of 2009. Anglesey was arrested in February 2016 after he was indicted by a grand jury.
Motion to Withdraw No Contest Plea
The Motion to Withdraw alleges that prosecutors had discovery violations which impacted Anglesey’s decision to plead No Contest.
The defense points to several reports which they say demonstrate the victim’s mother as having a “propensity for violence.” These documents include reports of domestic abuse and an interview in which the victim’s mother said she had planned to kill Anglesey after the death of her child.
The motion states that the defense now has evidence that the victim’s mother has “instability, veracity, and violence.” The defense now believes they can present a case that the victim’s mother was the one who inflicted the fatal injuries.
In addition, the motion argues that the reports could result in the victim’s mother impeached as a witness.
“Not having this information prior to trial deprived the Defendant of knowledge of his ability to impeach an important State’s witness. It affected his decision making before entering his plea, and he should be allowed to withdraw his plea on this basis alone,” states the motion.
State’s Response to Defendant’s Motion to Withdraw No Contest Plea
The State has filed a response asking the judge to deny the Motion to Withdraw.
In the response, the State says that no discovery violations occurred in part because the reports from unrelated cases “are neither exculpatory nor material, the prosecution has no duty to disclose them and they cannot be considered suppressed…”
The State also challenged the defense’s claim of several reports of domestic violence inflicted by the child’s mother. The response indicated there are a total of six domestic violence reports, all of which identify the woman as a victim. Two of those reports also identify her as a suspect in apparent mutual combat with the other party.
In addition, the State argues that alternative suspect evidence must demonstrate a direct connection between the alternative suspect and the crime. “If the evidence does nothing more that raise the suspicion of an alternative suspect, then it is properly excluded,” states the response.
The State also says the victim’s mother would not be impeached as a witness because the police contacts with her were misdemeanors “none involving moral turpitude of dishonesty.”
The State’s response indicates that the requirements for a withdrawal of plea are not met, and it asks the judge to deny the Motion.
What Happens Next?
A hearing to consider the motion has been set by 3rd Judicial Judge Rick Lavery for Monday, December 11, 2017 beginning at 2:30 p.m.
During the hearing, Judge Lavery will determine if Anglesey may withdraw his plea.
If it is determined that Anglesey may not withdraw the plea, then the case will move forward for sentencing on December 20th and 21st.
If the Motion to Withdraw is accepted by the court, the case will be moved forward for trial. The charge against Anglesey would be the original charge of Murder in the First Degree, and he would face a maximum penalty of life imprisonment. The State previously filed paperwork indicating they will not seek the death penalty.