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Gatlinburg detective waives right to appear in court in connection with Ooltewah rape case testimony

Staff Photo by Dan Henry / The Chattanooga Times Free Press- 2/15/16. Detective Rodney Burns of the Gatlinburg Police Department is questioned as a witness before Judge Robert Philyaw during a preliminary hearing for the Ooltewah High School basketball coaches and the school's athletic director in Hamilton County Juvenile Court on February 25, 2016. Hamilton County District Attorney Neal Pinkston charged head coach Andre "Tank" Montgomery, assistant coach Karl Williams and Athletic Director Allard "Jesse" Nayadley with failing to report child abuse or suspected child sexual abuse in connection with the rape of an Ooltewah High School freshman by his basketball teammates Dec. 22, 2015.
Staff Photo by Dan Henry / The Chattanooga Times Free Press- 2/15/16. Detective Rodney Burns of the Gatlinburg Police Department is questioned as a witness before Judge Robert Philyaw during a preliminary hearing for the Ooltewah High School basketball coaches and the school's athletic director in Hamilton County Juvenile Court on February 25, 2016. Hamilton County District Attorney Neal Pinkston charged head coach Andre "Tank" Montgomery, assistant coach Karl Williams and Athletic Director Allard "Jesse" Nayadley with failing to report child abuse or suspected child sexual abuse in connection with the rape of an Ooltewah High School freshman by his basketball teammates Dec. 22, 2015.

Gatlinburg (Tenn.) police Detective Rodney Burns filed a motion Monday in Hamilton County Criminal Court stating he will not appear this Friday for his arraignment.

Burns, scheduled to appear before Hamilton County Criminal Court Judge Tom Greenholtz, is facing two charges of aggravated perjury because of his testimony in the preliminary hearing of three adults facing charges in connection with the rape of an Ooltewah High School freshman.

Aggravated perjury is a class D felony that carries a sentence between two and four years behind bars, and Burns could be the individual facing the harshest penalty in connection with the rape.

The motion filed Monday states that Burns will be represented Friday by his attorneys, who will enter a plea of not guilty on his behalf.

The motion is signed by Burns, his previous attorney Bryan Delius and a second attorney, Stephen Greer, based in Dunlap, Tenn.