A former Hagerstown teacher’s trial on a charge of sexual misconduct with a minor has been delayed because his attorney received new material.
On Jan. 17, William T. “Tom” Drake submitted a motion to continue his Jan. 22 trial because his attorney requested the materials, including from Nettle Creek Schools, court records show.
Wayne Superior Court 2 Judge Gregory Horn granted that motion. The prosecution filed an objection to the continuance, noting that Drake’s attorney began work on the case in January 2023 and had time to request the materials far before the established trial date.
Parties are to file a notice regarding discovery within 10 days.
Drake’s hearing is now scheduled for May 16, with a final pre-trial conference on Aug. 1 and the trial at 9 a.m. Sept. 3.
Drake denied all allegations during an interview with Hagerstown police.
Former Judge David Kolger found probable cause for the Level 5 felony charge to be filed in July 2019.
The trial has been delayed for multiple reasons. The defense successfully filed requests for continuance. The prosecutor’s office substituted counsel because of personnel changes.
The case was transferred to Horn’s court after Kolger retired because Kolger’s replacement, April Drake, who has no relation to the accused, was involved with the case while working as a prosecutor.
A version of this article appeared in the January 31 2024 print edition of the Western Wayne News.