MI- Judge: Decoy's age in soccer coach's Internet sex predator case irrelevant

2-9-2009 Michigan Phase-I:

GRAND RAPIDS -- A judge today refused to dismiss charges against a high school soccer coach who was arrested during an Internet sex predator sting in October.

Eric Carl Wesche, 20, of Cedar Springs, asked Kent County Circuit Court Judge Mark Trusock to dismiss the charge that he used a computer to commit child sexually abusive activity. In the fall Wesche coached junior varsity boys soccer at Cedar Springs High School, although he now is banned him from any contact with kids while the case proceeds, administrators said.

During the sex sting, Wesche believed he was talking to a 14-year-old girl, Assistant Attorney General Kelly Carter said. Instead it was a 34-year-old member of the group Perverted Justice.

Wesche's lawyer, Michael Bartish, argued that the statute used by prosecutors requires that the alleged victim actually be a child, but Carter successfully argued that what mattered was what the defendant thought the age was.

Carter said her office has offered Wesche a chance to plead guilty to using a computer to commit a crime, and the charge of child sexually abusive activity would be dropped. She would still recommend Wesche serve at least a year in prison.

Wesche has until a week prior to his March 23 trial date to accept the offer. ..News Source.. by The Grand Rapids Press