Hal Greig, attorney for local rancher Kyle Evetts, has filed a motion in 10th Judicial District Court to dismiss all criminal sexual charges levied against his client. Evetts was indicted in February on nine counts of criminal sexual contact with a minor.
The alleged acts were to have occurred between June 1989 and February 1997.
Greig said that neither he nor Evetts will comment on the pending case.
“The judge will rule on my motions, and he will do his best,” said Grieg. “My practice is to not have my clients speak to the media.”
According to court records, Greig’s motion to dismiss states, “The Grand Jury indictment frames all charges with the phrase ‘on or about’ and a specific date. The complaining witness has no memory of a specific act or event that occurred on any such date.” The motion further contends the jury would be led to “speculation” as to what act, if any, occurred on such a date.
In another motion Greig refers to the complaining witness’ childhood diary. Greig stated in the motion, “It (the diary) depicts a normal childhood and in fact makes no reference to the allegations now supporting the felony charges against the defendant.”
Greig also filed a motion to present testimony “pertaining to the ‘complaining witness’ previous sexual experiences and loss of virginity.”
Prosecutor Nancy English said that responding to defense motions is a time-consuming process.“I’m putting in all my time on this case,” English said. “I have all these motions to respond to. We have to interview five to seven witnesses as well.”
English said she has not begun to consider the sentence she would urge for Evetts should he be convicted.
“I know that with the charges the defendant is facing, he could get 30 years or more,” she said.
A hearing on the motions is set for 9:30 a.m. on Aug. 18 at the Quay County Courthouse. Judge Ricky D. Purcell will hear the arguments.
“I usually try to rule at the time of the hearing,” Purcell said, “but that could change.”