In a motion filed Wednesday in U. S. District Court for the Western District of Missouri, Springfield attorney Teresa Grantham insists that Dr. Shelby Coleman, thought the boy he was meeting up with was 18, not 16, and that he did not have oral sex with three underage boys in Tulsa because two of them were of legal age.
Coleman was arrested Sept. 27 after arranging for the 16-year-old Lebanon boy to meet him at the Doubletree Hotel and offering the boy a naked Porsche ride.
The information in the probable cause affidavit can be found at this link.
In her motion, Ms. Grantham wrote the following:
Following a hearing, this Court determined that no conditions imposed would reasonably assure the safety of other persons or the community.
Defendant believes that additional information is pertinent to the Court’s assessment of the information presented that led to this conclusion.
Mr. Coleman is not charged in this indictment with having or engaging in sex. Specifically, the court cites in the Order for Detention that, “regarding potential danger to the community”, that defendant traveled from Oklahoma to Missouri for the purpose of having anal sex with what he thought was a 16 year-old boy.
TFO Root’s Affidavit references the fact that in one of the test messages from N.D., he told Defendant that he was 17, not 16. This was after N.D. initially told Defendant that he was 18 years old. 17 would be the legal age of consent under Missouri law.
In addition, the Affidavit references that Defendant met N.D. on VGL, a dating website. N.D. registered himself for this website in violation of the terms of use prohibiting any 16 year old from registering or downloading.
The initial contact through this site indicates nothing predatory, nor did it or should it have indicated to Defendant that N.D. was less than 17. Specifically, the information that he traveled from Oklahoma to Missouri to have sex with a 16 year old is not correct.
Defendant had already planned travel to Missouri prior to receiving the text from Trooper Sublette indicating that N.D. was really not 17 yet. A copy of Dr. Coleman’s receipt from the Doubletree Hotel documents his check-in time as 5:43 p.m. and is attached as (Exhibit B).
In addition, the court references that post-arrest, “defendant admitted to having oral sex with three other minor children . . . at his residence in Oklahoma.” Pursuant to statute two of the “children” referenced were of legal age to consent to sex with the Defendant yet this is used as a justification that Defendant is a danger to the community.
Defendant has been a resident of Oklahoma for more than five years. The age of legal consent for sexual intercourse in that state is sixteen years of age, pursuant to Oklahoma Statutes §21-1111. Finally, the Court cites that defendant admitted to TFO Root, “that he needs help because his sexual preferences were children just after puberty.”
Defense counsel and Defendant have not yet received a copy of any transcript or audio recording of any post- arrest statement made by Defendant. Defendant recollects that TFO Root asked him, “what was the youngest age he would be sexually interested in?” and that he responded just after puberty, not that it was a “sexual preference”.
For these reasons, Defendant requests the following relief: 1.) That the court reconsider the Order of Pretrial Detention and grant pretrial release under the supervision of Pretrial Services under the conditions recommended in the report prepared by Melissa Potter; or in the alternative 2.) Grant Defendant a new hearing on the issue of pretrial detention.
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