WITH VIDEO: Former Adams Softball Coach To Stand Trial on Criminal Sexual Conduct Charges

Thomas Powell, the 59-year-old former volunteer softball coach accused of having sex with two 17-year-old students, will be going to trial on two counts of criminal sexual conduct in the third degree and one count of delivery of a controlled substance.

Judge Nancy Carniak of the 52nd-3rd District Court heard arguments Thursday morning from Oakland County assistant prosecutors as well as a motion from defense attorney Alan Reiner to dismiss the case.

“There’s no dispute here that there was sexual penetration,” said Oakland County Assistant Prosecutor Heather Brown. “The only issue in dispute by the defense is if he was in a volunteer status at this time.”

Brown argued that the coach used his status as a father figure and coach to gain access and build relationships – which eventually turned sexual – with the victims throughout the season.

“How does he get that bond, that relationship, without being Coach Powell?” she asked.

Reiner argued that Powell did not break the law since the sexual contact did not occur while Powell was a volunteer coach at the school.

“When teachers in a public school system have a contract, they shouldn’t have any type of relationship with students," he said. "As soon as they sever that contract, they are no longer teachers. If they choose then to marry or have an affair or deal with a student who was their student, so be it. The contract has ended.”

Carniak agreed with the prosecution and refused to dismiss the charges against Powell. 

“The offense dates listed on the complaint refers to the time period during which the sexual conduct and contact took place, rather than the entire time frame the defendant was developing a relationship with the victims,” said Carniak. “The court does not believe the statute requires the development of the relationship and the time of the sexual assault be simultaneous.

"By the definition of the crime, the two would not occur simultaneously as the developing relationship is the tool used to initiate the sexual conduct and sexual contact. This prevents the defense’s exact argument.”

Carniak also dismissed the defense’s argument that Powell did not use his position to establish or further a relationship with the victims, citing previous testimony from another coach, who noticed that Powell gave the victims special treatment and even allowed them to visit his home.

“There is sufficient evidence that would allow a reasonable person to conclude by a probable cause standard that the defendant used his position to gain access to the girls and then develop a relationship ...  establish the trust of these girls to advance the relationship to one of a sexual nature," said Carniak.

"Therefore," Carniak continued, "the court does find that there is sufficient information to bind the defendant over by a probable cause standard as charged with the two counts of criminal sexual conduct, as well.

"Bond is continued.”

Powell sat quiet while Carniak spoke.

Powell and subsequently charged with two counts of criminal sexual conduct in the third degree and one count of delivery/manufacture of a controlled substance related to his involvement with two 17-year-old female students at the school.

He was subsequently released on bond and ordered to wear a GPS tether and not have contact with either of the two girls involved in the case.

In April, Oakland County Sheriff's officers after receiving information that one of the teens in the case was at a hotel with Powell, according to a statement from the Oakland County Sheriff's office. Investigators knew Powell was at the Concorde Inn in Rochester Hills because of the GPS tether.

A trial date has not yet been set in the case.