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Motion to dismiss Orcas teacher's sexual misconduct case in court April 21

Will the case against former Orcas Island teacher Gerald Grellet-Tinner be dismissed in San Juan County Superior Court tomorrow (April 21, 2017) or will it proceed to trial? County Prosecutor Randy Gaylord's response to the defendant's  motion to dismiss doesn't include much in the way of arguments against it.

Grellet-Tinner was found guilty of sexual misconduct with a student under the age of 21  - a 19-year-old student - in June, 2016. Before sentencing could take place, new information regarding statements made by the detective in the case were revealed. Detective Stephen Parker told the county victim's advocate that the victim had set up the defendant.

San Juan County Superior Court Judge Don Eaton determined government misconduct had occurred and instead of sentencing Grellet-Tinner he ordered a new trial. 

New trial ordered for Orcas Island teacher due to govt. misconduct posted 09/20/2016

A subsequent investigation concluded that Parker and the victim had sexual relations.  

Report: Detective had sex with victim  posted 01/25/2017

In his statement in response to the defendant's motion, Gaylord cites potential problems conducting the trial without credible testimony from the detective and the chance that the witness and her family members risk deportation if they appear in court.

He writes:  Misconduct by former Detective Stephen Parker is acknowledged and the shadow he has cast on the Sheriff's department and injustice he has brought to the community is recognized. Prejudice from that misconduct can be shown and interferes with the presentation of the state's case as much as the defendant's case. The changing emphasis on enforcement by federal immigration officers presents difficulty in presenting cases in which victims and witness have immigration issues. The court should take into account the interests of the victim and the defendant when ruling on this case. 

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