ALL DECAPITATED MEMBERS RELEASED FROM JAIL AWAITING RAPE TRIAL
13 December 2017
All four members Decapitated have been released from jail as they await trial for alleged rape.
Steve Graham, defense attorney for Waclaw Kieltyka, 35, told The Spokesman-Review that the order was granted for his client on Monday in Spokane Superior Court. Michal Lysejko, 27, Rafal Piotrowski, 31, and Hubert Wiecek, 30, were released on November 22nd.
As part of their release conditions, Judge Julie McKay ordered them to stay in Washington, but they can leave Spokane County until ordered to return. They were ordered to surrender their passports, and in the case they do return to Poland, were ordered to sign waivers of extradition, meaning Poland would be required to extradite them to Spokane.
They did not have to post a bond bail was previously set at $100,000.
Graham said Kieltyka would be staying with family in Seattle. Other members have found temporary housing in the Spokane area, including staying with attorneys or other families. They are not to have any contact with each other without their attorneys present.
The four band members are accused of detaining a woman in their touring bus and raping her after an August 31st show in downtown Spokane. The band were arrested in Los Angeles County after a show there on September 9th and were then extradited to Spokane County.
Graham and other attorneys had originally pushed for a trial date of December 18th. The request was granted and the trial was fast-tracked, but it has since been delayed.
On Monday, Graham and other attorneys filed a motion to have the band members released. As part of that hearing, they attached a letter written by Dominik Tarczynski, a member of Poland’s Parliament, that Graham believes helped the judge agree to release conditions.
Tarczynski wrote on December 9th:
“I am writing in support of my fellow countrymen. I would like to urge you to consider release of these men on bail until their charges can be resolved.
The politician told the judge he would ensure the four show up to future court dates, and that they all “take this matter very seriously”.
“I have great interest in their well-being, and hope their condition is well at this time,” he added.
The defense also attached testimony from Andy Marsh of Thy Art Is Murder, who were also on the bill in Spokane. Marsh said he saw the woman in the most pit where she was violently dancing.
“She was smashing her hands, arms and body against the metal barricade between the audience and the stage,” according to court documents.
The woman told police she sustained bruises when she was attacked, according to court documents. She alleges she was pushing against the wall and mirror with her arms and hands while the rape occurred.
The band is now set to go to trial on Janusry 16th.
Steve Graham told The Spokesman-Review in October that there is “another side to this”.
“We have witnesses that can testify to the fact that the accuser came to visit the band of her own free will and left on good terms. The accuser has a documented history of providing false information to the police dating back to 2014.”
Decapitated announced last month that they were cancelling all previously announced tour dates.