Judge Haynes declines bail change in caretaker's case
COEUR d'ALENE — A male caretaker charged with abusing two bedridden, elderly women — one sexually — at a Spirit Lake assisted-living facility won't be released from jail without posting bail.
A defense attorney for Phillip R. Smalley, 50, of Spirit Lake, asked a judge to release him on his own recognizance on Friday. First District Court Judge Lansing Haynes declined, maintaining bond at $100,000.
Kootenai County Deputy Prosecutor Donna Gardner argued during a hearing Friday afternoon that Smalley would be a threat to the community if released.
She told the court Smalley was recorded making general threats against law enforcement and court personnel in phone calls from the Kootenai County jail. He also was recorded claiming in a call that he would get Magistrate Judge James D. Stow thrown off the bench, Gardner told the court.
Haynes read documents prepared by the prosecutor's office with specific quotations from the phone conversations. He then ordered the documents be sealed.
Haynes said he didn't give much weight to the quotations. He said it was likely Smalley was just popping off or bragging, which he is allowed to do.
Defense attorney Jeanne Howe told the court her client didn't make any direct threats against anyone in the calls.
There are two cases against Smalley. In one he is charged with two felony counts of sexual abuse of a vulnerable adult and one felony count of forcible sexual penetration with a foreign object. The alleged victim was 102 years old at the time. A jury trial is scheduled for March 8.
In the other case, he is charged with abuse or neglect of a vulnerable adult, a misdemeanor. The victim in that case was 82. She has since died.
Smalley has pleaded not guilty to the charges, and has said the touching was appropriate and done within the scope of his duties. Smalley worked overnight shifts at Rose Terrace Country Homes in Spirit Lake.
The jury trial in the second case is scheduled for Jan. 19, 2016, with Judge Anna Eckhart.