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Former Spokane Police Sgt. Gordon Ennis to have another hearing on to discuss new trial

Gordon Ennis was found guilty of raping a coworker in March. The incident occurred on October 24, 2015.

SPOKANE, Wash. – A hearing is set to discuss a new trial for a former Spokane Police Sergeant who was previously found guilty of second degree rape.

Gordon Ennis was found guilty of raping a coworker in March. The incident occurred on October 24, 2015.

His next hearing is scheduled for August 10. His sentencing for his second degree rape conviction is scheduled for August 24.

According to court documents, Ennis’ attorney, Mark Vovos, claimed the prosecutor violated Ennis' right to remain silent and his right to counsel by commenting during closing arguments about his silence prior to trial. Vovos said this undermined his fifth amendment right to silence.

According to court transcripts the prosecuting attorney said to the jury, "Part of what you will do in the case is to look at the testimony and examine it. We heard the defendant's statement for the first time yesterday when he took the stand...He is not presumed credible."

Vovos also claimed the defense counsel had a conflict of interest that materially affected and prejudiced, Ennis' legal defense at trial. Court documents said Ennis' previous trial lawyer discovered that one of the State's key witnesses, Doug Strosahl, had engaged in sexual contact with the complaining witness during the same party that led to the criminal charges. Vovos claims that due to "trial counsel's allegiances, he chose not to pursue or present any of this critical information during the trial..."

In a declaration to the court, Ennis said he was called to his attorney Rob Cossey's office where he was told that Strosahl's attorney told Cossey that Strosahl had consensual sex with the victim in the case the same night Ennis was accused of sexual assault. He said the contact happened before Ennis had contact with the victim. Ennis said he was also told the contact was in the same manner that was alleged against him. Cossey told Ennis that the victim believed Strosahl was Ennis. Court documents said both men had bald heads and goatees and were the only two men at the party that evening. Ennis said he and his wife were not suppose to tell anyone this and they believed it would be useful in his defense.

Vovos also claims the court erred in giving instruction number 10 and 11 to the jury. Court documents allege the court erred in presenting instruction number 11 and incorrectly allowed the jury to speculate that Ennis did not have to prove that "the alleged victim was incapacitated - rather, only that Mr. Ennis reasonably believed that the victim had the capacity." It also claims that instruction number 19 was "prejudicially erroneous under the facts in this case because it created an impermissible comment on the alleged victim's credibility." Court documents said the instruction did properly advise the jury that they are to decide credibility in assessing this instruction as well as the standard of proof is on the prosecution to prove all elements of the crime beyond a reasonable doubt.

Documents said the victim described herself as "very intoxicated” at the party. She said she passed out in a guest bedroom and woke up to Ennis touching her inappropriately. She told detectives she tried to move away and heard Ennis say, "I gotta go, I gotta go home," in a panicked voice. Investigators said they later found the woman's DNA in Ennis's car on the gear shift and driver's side seat belt.

In an earlier version of this story, KREM 2 incorrectly reported that a new trial had been granted.

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