CHARLESTON, W.Va. — The Kanawha County Prosecuting Attorney said Monday he’s not sure that he will move forward with the case against a former Capital High School principal if a judge doesn’t dismiss it later this week.
Meanwhile, the attorney for Clinton Giles, is asking for a judge to determine whether disciplinary action should be taken against prosecutors for filing a false charge.
Giles is expected to appear in court Wednesday for a pretrial hearing on the misdemeanor charge of failing to immediately report a sexual assault at his school. His trial is set for March 23.
Giles, 64, has pleaded not guilty, and his attorney, Jim Cagle, has asked Kanawha Circuit Judge Carrie Webster to dismiss the charge against him, citing a bill that awaits the governor’s signature, which clarifies sexual assault reporting requirements for school personnel.
“The new bill puts a cloud on our case,” Miller told the Gazette on Monday.
The bill adds to the article of state law under which Giles is charged, making it a requirement that school personnel report to police unwanted sexual conduct between students or between students and teachers.
After the bill was introduced, Cagle argued that the need for the bill showed the reporting requirements wouldn’t mandate that Giles immediately report the rape of one student by another.
Miller said Monday he wouldn’t object to Cagle’s motion to dismiss…