Peden wants change of venue in sexual assault trial

August 07, 2008 11:19 am

— OTTUMWA — Prosecutors say they don’t think there’s reason to move Charles Peden’s sexual assault trial from Ottumwa, no matter what the defense claims.
Peden’s attorney has asked the court to move his trial from Ottumwa, citing pre-trial publicity. Kenneth Duker argued in his filing that “There is a substantial likelihood a fair and impartial trial cannot be served with a jury from Wapello County,” because of media coverage of the case.
Wapello County Attorney Allen Cook disagrees, and his office filed a counter asking a judge for a hearing on the issue. He said there is a clear distinction between media coverage and what the state is prepared to introduce as evidence at trial.
Authorities accuse Peden, 19, of sexually assaulting an Indian Hills Community College student at an Ottumwa hotel during a December basketball tournament. Police say the student met Peden at the game and later joined him and other members of the Wilbur Wright Community College basketball team at Days Inn.
There is no date yet scheduled for a hearing on the motion to move Peden’s trial. The trial itself is currently set for Oct. 14.
Peden faces up to 10 years in prison and possible lifetime parole if convicted.
Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com

Photos

HOLD DO NOT USE -- FILE: Wilbur Wright College basketball player Charles Peden has been charged by Iowa authorities for the alleged sexual attack on a junior college student at an Ottumwa hotel during a basketball tournament in December, 2007. Peden, 19, of Maywood, was arrested in the western suburb Wednesday, March 9, 2008, on a fugitive warrant from Wapello County, Iowa. He is being held at the Cook County Jail and plans to fight extradition to Iowa, according to Cook County court officials. (Cook County Sheriff photo)