Wednesday, December 5, 2012

Trial set in teenage rape case

High school senior pleads not guilty to felony charge


By TERRY SMITH
Express Staff Writer

Mark Allen Karlovich

A jury trial has been scheduled to begin April 3 in a felony rape case against a Blaine County School District high school senior.

Mark Allen Karlovich, 18, pleaded not guilty to the charge at arraignment Monday in Blaine County 5th District Court. Judge Robert Elgee advised Karlovich that the crime is punishable by up to life in prison.

Karlovich, represented by Hailey attorney Douglas Nelson, remains free on $3,000 bond following his arrest in October by Hailey police. Karlovich is accused of raping a 14-year-old freshman girl at his home on Queen of the Hills Drive in west Hailey on the morning of Oct. 10.

A probable-cause affidavit filed by Hailey Patrolman Raul Ornelas, who also serves as resource officer at Wood River High School, provides conflicting statements from Karlovich and the girl as to whether the alleged sex act was forced or consensual. However, under Idaho law, consent is not relevant to a rape charge if the victim is under 16.

Both Karlovich and the girl were students at Wood River High School when the alleged rape occurred. Where Karlovich is now enrolled was not clear Tuesday, as the Blaine County School District declined to release any information regarding his enrollment. Court records, however, indicate that school officials were seeking to have Karlovich admitted to Silver Creek High School, the district’s alternative high school, in order that Karlovich not violate a no-contact order prohibiting him from being within 100 feet of the girl.

The situation was briefly discussed at Monday’s hearing when it was mentioned that maintaining 100 feet separation may not be possible because of the two schools’ proximity.

Nelson said it is not practical to have “someone run around with a tape measure” to make sure the 100-foot distance is maintained.

“I don’t care if it’s 100 feet or 1,000 feet,” Elgee said. “Don’t be holding up any signs or making any faces or doing anything that’s offensive.”

Terry Smith: tsmith@mtexpress.com

 




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