Prosecutors seek testing of additional evidence before launching another trial in Haskell dorm rape case

Before deciding whether to pursue rape charges against Galen Satoe for a third time, prosecutors are requesting that additional evidence be tested.

Satoe, 22, and Jared Wheeler, 21, were both accused of raping a 19-year-old Haskell freshman on Nov. 15, 2014, in the Haskell Indian Nations University dormitory room that the two men shared.

On Thursday prosecutor C.J. Rieg told Douglas County District Court Judge Paula Martin that she would know in several weeks how long the additional testing would take. Once the results are back prosecutors can determine whether to begin the trial process in Satoe’s case.

Rieg did not specify which evidence would be tested.

On March 3 Satoe was acquitted of one felony charge of attempted aggravated criminal sodomy. However, for the second time, jurors could not reach a unanimous decision on the four remaining felony charges filed against him, and a mistrial was declared. Those four charges were two felony rape charges, one felony charge of aggravated criminal sodomy and one felony charge of attempted rape.

After one mistrial in June 2016, the other man in the case, Wheeler, pleaded no contest in November 2016 to a single felony charge of aggravated battery.

Satoe has faced two trials in the case. The first was in August 2016 and the other ended earlier this month. Both trials concluded with jurors unable to reach unanimous verdicts.

All three trials have been mired in emotion and testimony about investigative shortcomings. At different points, witnesses have questioned whether enough forensic evidence was tested and whether it was tested properly.

One Lawrence Memorial Hospital nurse admitted that she failed to follow policies requiring her to collect clothing as evidence when she examined the woman after the incident. In addition, the pictures she took of the woman’s reported injuries were largely unusable because they were either too dark or out of focus.

Rieg asked Martin to schedule a hearing in several weeks to determine a tentative date for the trial process to begin again — a date that could be canceled if the new test results are less than fruitful.

Martin scheduled the case’s next hearing for April 12.

After taking his plea, Wheeler was sentenced in January to serve 60 days in jail, the maximum Martin could give him. He will also serve two years of probation.

Both Satoe and Wheeler were expelled from the university after the incident.