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Published online 12/12/2007 11:44 PM

Ulysses coach innocent of rape charge

Defense argued accuser's inconsistent memory gave credence to client's denials.

ULYSSES - A Grant County jury has found a wrestling coach innocent of two charges of raping a 16-year-old girl after deliberating for three and a half hours.

Chief District Judge Tom Smith dismissed a third charge of aggravated indecent liberties against Rick E. Cue, 51.

Cue, a wrestling coach, girls' softball coach and social studies teacher at Ulysses High School, was suspended with pay after allegations surfaced.

Prosecuting attorney Robin Hathaway wrapped up the state's case with testimony from a psychologist who evaluated the girl who said Cue abused her in two incidents in February 2006 and June 2007.

Dr. Susan Doud testified that the girl had an above-average intelligence and in general was a typical adolescent girl. Doud evaluated the girl in October.

Doud also said that the MMPI - a personality test - did not indicate the girl was lying.

Defense attorney Wayne Tate noted test scores can only show if a person is lying during the test, and not on the witness stand.

Tate questioned whether the girl's results could be also found in a person who had not experienced sexual abuse, and asked if there were any test that could prove that abuse had taken place.

"No, there is not," Doud said.

Cue, who took the stand to testify in his defense, categorically denied the allegations.

He said the allegations were motivated by a personal grievance between him and the girl's mother.

"I have never touched her in a manner anybody would consider inappropriate," Cue said.

In closing remarks, Hathaway asked the jury to consider the motivations behind the testimony of the witnesses.

"Does she gain anything by going through this trial?" Hathaway asked in reference to the victim.

Cue's testimony was prompted by self-preservation, Hathaway said.

Hathaway acknowledged inconsistencies between testimony offered during a preliminary hearing in September and the jury trial but said they amounted to minor details - the difference of a few minutes in a timeline or when a phone call was placed.

"We're talking about a teenage girl who has been traumatized," Hathaway said.

The girl's testimony of the major events has not changed, Hathaway said.

"The core story does not waver," Hathaway said.

In his closing remarks, Tate said the prosecution might not worry about inconsistencies because not as much is at stake.

"The details are not important to those people because they're not on trial," Tate said.

Tate compared the case against Cue to the case against the Duke LaCrosse team. The Duke athletes were charged with raping a stripper at a party and aggressively prosecuted. Those charges were eventually dismissed and the prosecuting attorney was disbarred.

Kansas Bureau of Investigation agents were single-minded in their investigation of Cue and ignored evidence that could exonerate him, Tate said.

"This case looks like Swiss cheese, folks. There are so many holes in it you could drive a semi through it," Tate said.

Had he been convicted, Cue would have faced a sentence of 12 to 54 years in prison.

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