More Ooltewah rape case stories
- Previously confidential Ooltewah rape settlement finally unveiled to Hamilton County school board members
- Mom alleges Ooltewah High School failed to protect her son after he was attacked in class
- State attorney: Insurer's settlement payments in Ooltewah High School sexual assault cases 'likely subject' to open records law
- Gardenhire blasts Hamilton County school board over confidential settlements in Ooltewah rape cases
- Second student in 2015 Ooltewah High School rape settles federal case
- Hamilton County Schools reaches confidential settlement with one Ooltewah rape victim
- Ooltewah rape case: School board agrees to negotiate settlement with victim
- Civil claims in Ooltewah rape case headed to trial
- Judge recuses himself from civil lawsuits linked to Ooltewah High School rape case
- Hamilton County Board of Education attorneys move for separate trials in Ooltewah rape civil lawsuits
- Greeson: More past mistakes mean more work for Hamilton County Schools leaders
- Federal judge rules against school board for 2nd time in Ooltewah rape civil suits
- Judge's ruling in Ooltewah rape civil cases puzzles some Hamilton County school board members
- Hamilton County Schools attorney denies swaying Ooltewah High School inquiry
- Attorneys for Ooltewah victims: Emails show district, investigator 'openly collaborating'
- Ooltewah rape investigation: Judge rules school board lawyers must turn over communications
- Attorneys for Ooltewah assault victims want to see private documents used to create report
- Judge dismisses perjury charges against Gatlinburg detective in Ooltewah rape case
- Attorney for former Ooltewah coaches wants to add more evidence to lawsuit
- School district agrees to turn over key investigative file in Ooltewah rape case
- Attorneys to argue whether private lawyer must turn over full Ooltewah investigative file
- Judge sets trial date for detective charged with perjury in Ooltewah High School rape case
- School district, former superintendent respond to Ooltewah rape case lawsuit
- Judge: State, county and school district must respond to ex-Ooltewah employees' lawsuit
- Ex-Ooltewah High staffers' lawsuit claims mistreatment in wake of rape case
- Three former Ooltewah High School employees file federal lawsuit over rape case fallout
- Analysis: Sex assaults in high school sports minimized as 'hazing'
- Appeals court upholds local judge's ruling in connection with Ooltewah High School rape case
- Gatlinburg detective facing charges in Ooltewah case continues to argue it should be dismissed
- Ooltewah rape case set for trial in 2018, judge tells attorneys this case is a 'priority'
- Date set for federal trial in Ooltewah High School rape case
- Former Ooltewah High School employees deny culture of hazing and abuse
- Lawmakers plan to rewrite child abuse reporting law following the Ooltewah High School rape case
- Ooltewah rape case: Hamilton County Schools argues it shouldn't be held liable in second federal lawsuit
- Lawmakers plan to rewrite child abuse reporting law following the Ooltewah High School rape case
- Gatlinburg police detective charged in connection with Ooltewah rape case will appeal judge's decision
- One year later: Ooltewah basketball
- Lawsuit filed in Ooltewah sexual assault claims Hamilton County Schools covered up abuse
- Judge dismisses charges against former Ooltewah High School basketball coach
- Judge to decide whether to dismiss charges against former coach in Ooltewah rape case
- Ooltewah High School rape case: Gatlinburg detective asks to appeal judge's decision allowing DA to prosecute
- Ex-Ooltewah employees join school board in denying liability in Gatlinburg rape
- Ooltewah rape case: School board files response, claims no responsibility
- Attorney asks for lawsuit from Ooltewah victim against school board be dismissed
- Judge allows DA to continue in perjury case against Gatlinburg detective
- District attorney to continue prosecuting Gatlinburg detective for perjury in Ooltewah rape case
- Former Ooltewah High School basketball coach hearing delayed
- Former Ooltewah athlete spending less than a year in custody for rape conviction
- Former Ooltewah students convicted of rape-related charges will be released this year
- Ooltewah investigation: Schools failed to address reports of abuse
- District attorney's report on Ooltewah High rape case criticizes school district
- Cooper: Ooltewah rape suit adds to board woes
- Attorneys representing victim of Ooltewah rape case file lawsuit
- Lawsuit filed in Ooltewah High School rape case names school board and school employees as defendants
- Former Ooltewah High School basketball coach appears in court
- Former Ooltewah basketball coach asks that charges be dismissed
- Victim lawsuit imminent after three teens convicted in Ooltewah rape case
- All three defendants in Ooltewah rape case found guilty, two receive reduced charges
- Judge in Ooltewah teammate rape case says he closed the trial to protect juvenile defendants
- Former Ooltewah High School students charged with assaulting teammate appear in court
- DA warns of problems if he's taken off Gatlinburg detective's perjury case
- Judge says he needs more time on decision to remove Pinkston from prosecution
- Sohn: Want to blame media for Ooltewah? Bring it on
- Cooper: 'A culture of hazing'
- Greeson: Hamilton County school leaders' transparency is welcomed, but more details needed from Ooltewah
- Report calls Ooltewah High School's hazing training 'deficient'
- District Attorney says there's no conflict of interest in his prosecution of Gatlinburg detective
- A 'culture of hazing' existed on Ooltewah High School basketball team
- Attorney says coach was singled out unfairly in Ooltewah High rape case
- Williams and Haymon named new Ooltewah boys' basketball coaches
- Gatlinburg detective wants Neal Pinkston disqualified from prosecuting his perjury case
- Two Ooltewah High School administrators not returning after rape incident
- Ooltewah coach, Gatlinburg detective plead not guilty in Ooltewah rape case
- Two plead not guilty in connection with Ooltewah High School rape case
- Ooltewah High School principal reassigned to new school
- Jim Jarvis replaced at Ooltewah High as principals shuffled at Hamilton County schools
- Three adults involved in Ooltewah rape case each face different outcome
- Hamilton County District Attorney drops charges against Ooltewah High School assistant basketball coach
- Detective charged with aggravated perjury could face harshest penalty in Ooltewah rape case
- Detective investigating Ooltewah rape to be charged with aggravated perjury
- Former Ooltewah coach Andre 'Tank' Montgomery could spend nearly a year in prison
- Ooltewah basketball coach faces criminal charges in connection with teammate rape
- Cooper: School board, public must work together
- Greeson: Court diversion aside, Ooltewah decision now on Kirk Kelly
- Ooltewah athletic director could return to job after deal
- Ooltewah athletic director strikes deal in rape case
- Cooper: Jill Levine hiring fuels intrigue
- Kirk Kelly names Jill Levine chief academic officer
- Sohn: It's school crunch time, and we have status quo
- Cooper: School board votes to march in place
- Hamilton County school board in disagreement over new interim superintendent
- Kirk Kelly named interim superintendent of Hamilton County Schools
- Sohn: All eyes on the school board as vote for interim superintendent nears
- Greeson: Picking a school leader
- Cooper: Schools chief should be dispassionate
- Hamilton County school board narrows search for interim superintendent to 3 finalists
- Veteran pair will manage Hamilton County schools for now
- Greeson: Nightmare for Ooltewah victims continues with wrong ruling
- Parents of victims in Ooltewah rape case upset suspect won't be tried as adult
- Gatlinburg detective files $300,000 defamation lawsuit against Neal Pinkston
- Accused Ooltewah rapist will be tried as a juvenile
- Ooltewah rape victim testifies as judge weighs fate of the accused
- Greeson: Smith's departure puts onus on school board to fix this
- Cooper: Smith's exit leaves clean slate
- Rick Smith quits after months of turmoil, revelation of scathing schools report
- Greeson: HCDE moving forward
- Clay Bennett cartoon: Rick Smith
- Hamilton County school board refocuses on schools, not scandals
- Adults charged in Ooltewah rape case turn themselves in for second time
- School board meets for first time since deciding not to buy out Rick Smith's contract
- Greeson: School board members let us down; Smith needs to go
- One Ooltewah rape case suspect may be tried as an adult
- Ooltewah substitute teacher and coach investigated for soliciting minor
- Rick Smith plans to remain schools superintendent through 2019
- Sohn: School board should stand for children
- Cooper: Resignation still an option for Rick Smith
- Greeson: School board buries heads in sand of insanity
- Superintendent Rick Smith to remain at helm of Hamilton County school system
- Decision looms today over superintendent's future
- Three new candidates apply on final day to become Hamilton County's interim superintendent
- Interim Hamilton schools chief candidate drops out of consideration, leaving one candidate
- Top national attorney hired to represent victim in Ooltewah rape case
- Could August re-election for four Hamilton County school board members impact decision on Rick Smith buyout?
- Smith: We are all Ooltewah Owls
- Gatlinburg police chief guarantees PD, city are taking allegations against detective seriously
- In wake of Ooltewah incident, former NFL star points to three lies boys are taught about masculinity
- Rick Smith's buyout plan riles Hamilton County school board members
- Gatlinburg detective defends testimony, district attorney responds, claims detective perjured himself
- Greeson: Rejecting rather than reporting student abuse our next job
- TBI investigating Gatlinburg police detective for perjury in Ooltewah rape case
- Detective's remarks in Ooltewah rape case fuel community outrage, calls for change
- Sohn: Ooltewah's perverted culture of 'horseplay'
- Cooper: Ooltewah must address its culture
- Chattanooga's police chief blasts Gatlinburg detective for Ooltewah rape testimony
- Ooltewah case moves forward: Detective says attack by students wasn't rape
- Greeson: Mistakes after Ooltewah nightmare magnify previous hazing indifference
- Wiedmer: Former NFL star Joe has manhood message for us all
- Judge sends Ooltewah school officials' charges to grand jury
- Judge renders decision in Ooltewah rape hearing
- School board eyes external audit of school culture in wake of Ooltewah rape case
- Oklahoma school district acted quickly, kept public informed in assault similar to Ooltewah rape
- Basketball players charged in Ooltewah rape case scheduled to appear in court
- Wanted: Interim superintendent to bring stability, leadership to Hamilton County schools
- Sohn: Change agent and schools savior wanted
- Ooltewah students post video to YouTube exemplifying positive qualities
- Ooltewah High School officials' attempt to get charges dismissed fails, judge denies motion
- School leaders will be called to testify in Ooltewah rape case
- Sohn: The silver lining in Ooltewah's school heartbreak
- Cooper: School board faces its own high-stakes test
- Wiedmer: Smith won't be the last adult out of a job from Ooltewah mess
- Rick Smith steps down in wake of Ooltewah High rape case
- School board votes to buy out Superintendent Rick Smith's contract
- Pressure mounting on school leaders in Ooltewah rape case
- Ooltewah athletic staff begin to fight charges against them
- School board, attorneys meet privately about Ooltewah rape case
- Greeson: Superintendent Smith, and the rest of us, must do better by our students
- School board meets behind closed doors, citing expected lawsuits over Ooltewah rape
- More details revealed about Ooltewah rape case; Two juvenile suspects approved for bond
- Cook: Crimes of silence in Ooltewah
- Greeson: Those at fault at Ooltewah should face scary timese
- A plea for change: Parents complain of bullying in schools; three adults face charges in rape case
- Wiedmer: Life just turned scary for adults in Ooltewah case
- Sohn: Let Ooltewah's darkest day be new dawn for schools
- Cooper: Hazing policy examination better late than never
- Parents claim harassment in Hamilton County schools has been happening for years
- Ooltewah coaches charged for failing to report sexual assault of four players
- School board member schedules panel discussion on Ooltewah assault
- Hamilton schools out of compliance with state law for hazing, bullying policy
- Greeson: Hamilton school board needs to rebuild trust after Ooltewah
- Ooltewah High School's basketball coach reassigned to textbook depository
- County officials break silence in Ooltewah sexual assault case
- Sohn: Finally, school officials choose to lead
- Wiedmer: Could Ooltewah situation become another Penn State?
- Ooltewah basketball coach reassigned based on new facts
- Sheriff Hammond doesn't rule out charges for adults involved in Ooltewah rape case
- Opposing coach says Ooltewah players threatened his team hours before alleged assault
- Petition demands Superintendent Rick Smith and Ooltewah Coach Tank Montgomery resign
- Smith: What Hamilton County Schools got wrong about Ooltewah
- Cook: Dominance, power and sports culture in Ooltewah
- New charges sought against former Ooltewah basketball players
- Court releases more details in Ooltewah rape case
- Aunt of Ooltewah victim starts petition, wants perpetrators charged as adults
- Sohn: School and county leaders must lead, not hide
- Cooper: Public needed reassusrance surrounding Ooltewah incident
- Greeson: School leaders, it's time to lead after Ooltewah mess
- Judge has not issued an official 'gag order' in Ooltewah rape case
- Ooltewah boys' basketball season cancellation affects other area schools
- Ooltewah High School basketball season canceled; school officials under gag order
- School board says no answers yet regarding Ooltewah assault case after meeting with legal counsel
- Ooltewah basketball season canceled, effective immediately
- Ooltewah students, community gather to pray for victim in assault, rape case
- After Ooltewah incident, Mayor Andy Berke announces plan to stop bullying
- Officials are staying quiet about Ooltewah basketball player rape case
- Greeson: Outrage at Ooltewah now calls for action
- Nerbun: Sports culture needs more character focus
- District attorney to investigate more Ooltewah High assault allegations
- Ooltewah High School's basketball game canceled
- Ooltewah grads urge school to have external investigation of 15-year-old student's rape, assault
- Attorney says Ooltewah coach being wrongly vilified in basketball player rape case
- Experts say soul-searching needed in wake of Ooltewah athlete rape case
- Sohn: Ooltewah High School basketball coaches should resign immediately
- Ooltewah rape victim may have warned basketball coaches of abuse
- Cooper: Nip hazing before it begins
- Greeson: Ooltewah attack leaves pain, questions and prayers for the victim
- Basketball players charged with rape of teammate won't be coming back to school
- Ooltewah students charged with rape, assault after teammate injured with pool cue
- Ooltewah High School basketball player undergoes surgery after being allegedly hazed by three teammates in Gatlinburg cabin
A judge has denied a motion to disqualify Hamilton County District Attorney Neal Pinkston from prosecuting Gatlinburg, Tenn., detective Rodney Burns.
Burns faces charges of aggravated perjury for testimony he gave in February about the Ooltewah High School rape case. The offense is a class D felony that carries a sentence of between two and four years in prison.
"Upon consideration of the pleadings filed by the parties," Hamilton County Criminal Court Judge Tom Greenholtz wrote in the order filed Tuesday, "the evidence submitted in open court and following the hearing of this matter, the arguments of counsel, and the record as a whole, the Court hereby respectfully denies Mr. Burns's motion to disqualify."
A month after Burns gave his testimony in the Ooltewah case, he filed a $300,000 defamation lawsuit against Pinkston for publicly accusing Burns of perjury. In July, Burns filed a motion asking that Pinkston be removed from prosecuting his case, claiming his involvement in the prosecution was a conflict of interest because of the lawsuit.
But Pinkston argued that a series of problems will arise if defendants, like Burns, are able to file civil lawsuits and have prosecutors removed from their cases.
Pinkston said he had asked the Tennessee Bureau of Investigation to investigate Burns in February, a month prior to the civil lawsuit being filed. The Hamilton County grand jury indictment was issued in May.
Pinkston also alleged on multiple occasions he was contacted on Burns' behalf and was told the civil suit would be dropped if he stopped prosecuting the case.
Burns' attorneys, Bryan Delius and Stephen Greer, refuted that, saying a local attorney may have told Pinkston that, but he was not acting on behalf of Burns' defense.
An initial hearing was held on the motion in August, and Greenholtz denied two of the three reasons they offered to disqualify, but said he needed more time to consider the potential conflict.
In the order released Tuesday, Greenholtz explained his decision, saying it was made "largely because these issues are not frequently discussed by Tennessee courts."
Greenholtz noted that courts have historically been hesitant to disqualify prosecutors when sued by defendants because the filing of a civil claim could be abused as a litigation tactic and the existence of a lawsuit doesn't always disqualify the prosecutor.
"Although Tennessee courts have not fully explored this issue," he wrote, "it is clear that the mere filing of a civil lawsuit against a prosecutor does not automatically create a disqualifying conflict of interest for a prosecutor."
When asked to comment on Tuesday's ruling, a spokeswoman for Pinkston's office said, "It's against state law for the prosecutor to talk about a pending case."
Delius' office did not immediately respond to comment Tuesday afternoon.
During Burns' testimony in February, he referred to the rape of the 15-year-old as "something stupid kids do." He said the perpetrators received no sexual gratification from the act, so he did not consider it a sexual assault.
According to the grand jury indictment in May, Burns "unlawfully and with intent to deceive" made two false statements under oath during this testimony.
Burns testified in a previous hearing that "there was no rape or torture, no screams of anguish." But previously he wrote in police reports that someone told him "the victim yelled out in pain" and another person said "he could hear [the victim] yelling when they had attacked," according to the indictment.
Hearing delayed for former coach
The charges facing former Ooltewah High School basketball coach Andre "Tank" Montgomery should not be dismissed, Pinkston argued this week.
Pinkston filed a response Monday to Montgomery's motion to have the case dismissed, calling Montgomery's argument meritless. In the motion, Montgomery's attorney, Curtis Bowe, claims the statute under which Montgomery is charged is unconstitutional, vague and deficient.
The case was scheduled to be heard Tuesday morning before Hamilton County Criminal Court Judge Don Poole, but before the hearing began, Bowe requested it be delayed, saying he needed more time to prepare.
Poole agreed to push back the hearing, but told both Pinkston and Bowe he expects them to be prepared for closing arguments Nov. 22. Poole will either rule to dismiss the case or move toward a settlement or trial.
Montgomery is charged with failure to report child sexual abuse, after older teammates were involved in the rape of a freshman during the basketball team's trip to Gatlinburg, Tenn., to compete in a basketball tournament last year, just days before Christmas.
During previous testimony in the case, Bowe said lawmakers have failed to address what to do when a case of abuse involves a child abusing another child, and the law also does not offer clarity about when and to whom a report of abuse should be made.
Pinkston's response argued that both the Court of Criminal Appeals and the Office of the Attorney General have determined that minors can commit "child sexual abuse." He said the law also clearly states the places an adult like Montgomery should report such abuse.
"[Bowe's] assertion that a school official can know of a child rape perpetrated by another student and not say anything to anyone represents a rather skewed view of [the statute,]" Pinkston wrote in the motion.
Montgomery is the only former Ooltewah High School employee still facing charges in connection with the rape.
Pinkston previously filed charges of failure to report child sexual abuse against former Ooltewah High School volunteer assistant coach Karl Williams and the school's former athletic director, Allard "Jesse" Nayadley.
The charges against Williams were dropped in May. And two weeks before that, Nayadley accepted pretrial diversion, meaning he agreed to skip a grand jury review, and the charges will be erased if he completes 10 hours of community service, attends a course on reporting abuse and is well-behaved.
In August, three former Ooltewah High School students were convicted in connection with the attack, and will be released before the end of this year.
The oldest of the three defendants, who turned 18 soon after the incident, was convicted of aggravated rape. The two other boys, who were 16 at the time of the rape, were convicted of aggravated assault.
Contact staff writer Kendi A. Rainwater at 423-757-6592 or krainwater @timesfreepress.com. Follow on Twitter @kendi_and. Contact staff writer Emmett Gienapp at 423-757-6731 or email@example.com. Follow on Twitter @emmettgienapp.