Krystal J. Carman
May 26, 2009 — A Catoosa man serving a 50 year prison sentence for rape crimes will have a new trial in Rogers County.
In May 2006, a jury found Fred Bennet Welch, 41, guilty of first degree rape and rape by instrumentation and he was set to serve 50 years in prison. On March 27, the Court of Criminal Appeals reversed the conviction and remanded the case back to Rogers County District Court for a new trial.
Welch was accused in 2004 of raping an 18-year-old family friend who had moved in with Welch, his wife and the couple’s children. He was sentenced to prison in 2006 after a seven day trial where a 10 woman, 2 man jury rendered a guilty verdict.
Welch’s appeal claimed his attorney was ineffective for not allowing him to testify as promised when the trial began, that he was denied the right to testify and that he was denied a fair trial because other-crimes evidence was erroneously admitted and because of improper argument by the prosecutor, among other claims.
The appeals court reversal stated the jury was told it would hear from Welch to evaluate his credibility and decide what happened that day, but the jury only heard the prosecutor’s account of the allegations and, “Welch’s unexplained failure to take the witness stand may well have conveyed to the jury the impression that Welch’s story to the police was unworthy of consideration ... and the State’s witnesses was essentially correct.”
Concerning Welch’s claim of other-crimes evidence being erroneously admitted, the appeals court agreed the evidence that he allegedly displayed inappropriate conduct with a 7-year-old should not have been admitted as evidence at the 2006 trial.
On Wednesday, the previous judgement and sentence was vacated by Judge Dynda Post, who originally presided over the trial, and a pre-trial conference is set for 1:30 p.m. June 17. Welch posted a $50,000 bond on Wednesday.
A trial date has yet to be scheduled in this case. Jack Gordon, Welch’s attorney, said he is waiting on the case file from the attorney of record on the appeal case.
