OGDEN -- Setting aside their prior arguments about civility, the prosecution and the defense scheduled a new sentencing hearing for the former Ben Lomond High School swim coach convicted of sexual relations with one of her swimmers.
"The state sees this request for a continuance as a tactic to further delay the imposition of a sentence in this case," Deputy Weber County Attorney Teral Tree wrote in a motion objecting to the cancellation of Jamie Waite's sentencing hearing, which had been set for today.
The case has gone on for more than two years with four different trial dates before trial finally began in February, Tree noted.
Waite, 37, was convicted on four counts of forcible sexual abuse, a second-degree felony, for illicit sexual contact with one of her 17-year-old male swimmers from November 2010 through January 2011, when he was a senior.
At the time, Waite was the Ben Lomond assistant swim coach, a volunteer position.
The offenses are statutory, meaning the sexual relations were consensual, but the minor victim could not legally give consent under the law. Waite had worked with the teen on the swim team since his sophomore year.
The defense, in response to Tree's March 21 motion, called his claim of delaying tactics "a vague notion and bald, unsupported assertion" that did not meet the standard for civility expected of attorneys in the state's Rules of Judicial Administration.
The response motion also noted the probation officer completing Waite's presentence report had also asked for more time.
The postponement debate became moot by Monday's oral argument hearing as 2nd District Judge Scott Hadley had canceled the old sentencing date.
The new sentencing date was set for April 12 without debate. Tree and Waite's lawyer, Emily Swenson, agreed an hour would be needed for the hearing.
The victim's mother is expected to address the court, as is Waite.
Hadley told Swenson to advise Waite it's likely she could be handcuffed and taken into custody upon announcement of sentence.
At the end of trial when the jury verdict came in, the prosecution had asked that Waite, even with no prior criminal record, be taken into custody then. But Hadley declined.
Waite faces a possible one-to-15-year prison term on each of the four counts she was convicted of by the eight-member jury.