Updated 05/18/2012 03:30 PM
Monte Nowden Arrested Again
A former Gates-Chili basketball coach remains in jail after being arrested for the second time Thursday. Police in Gates pulled over Monte Nowden and found he was with the same teenage girl he's accused of having a sexual relationship with.
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As YNN reported Wednesday, the alleged victim in the case changed her story. In a pair of sworn statements submitted by Nowden's defense team, the teenager said she lied when she told investigators she had sex with Nowden.
It was that turn of events that sparked a new investigation.
"Basically, the investigation was to determine the veracity of the recantation or the level of corrosion, if any the victim was subjected to by the defendant," said Amanda Balling, Assistant District Attorney.
The Monroe County District Attorney's Office and the Gates Police Department conducted surveillance. It's surveillance that not only captured Nowden and the girl he accused of raping on video; prosectors say it lead to Thursday’s traffic stop.
"Obviously they were found together, they are alleged to have been together today and that's why he was charged with one count of criminal contempt in the second,” said Balling.
Being with the girl violates an order of protection issued after Nowden was arrested in February and charged with two counts of rape in third degree and one count of committing a criminal sex act.
Nowden, a former high school basketball coach and in-school suspension supervisor at Gates-Chili, was accused of having sex with the girl at the Tinseltown movie theatre in January.
In March and again in April, the alleged victim in this case changed her story, saying that Nowden and her just talked and that after the going to a movie with him, she texted a friend and said something about how she just had sex with Nowden. According to the statement, she says she thought it would be "cool and make the other girls jealous."
"I don't really want to comment on the recantation other than to say I believed from the beginning it was unreliable and extremely suspect,” Balling said.
Even before Thursday's arrest, Balling said she planned to move forward with this case in State Supreme Court. She was obligated to question the victim's latest statement.
"Protecting victims and witnesses is a top priority for the District Attorney's office and that's what we were doing today,” said Balling.
Nowden's attorney, Christian Catalano, said he does not deny the two were found together, but questions the traffic stop. Catalano described it as a failure to come to a complete stop, calling it a phony reason to pull his client over. Catalano says the alleged victim called him, indicating she wanted to apologize to Nowden for lying about having sex with him.
Nowden was sent to the Monroe County Jail on $100,000 cash bail. He's due back in Gates Town Court on the criminal contempt charge June 13th. A pre-trial conference in Nowden's rape case is set in State Supreme Court for June 15th.