WA Appellate Court Finds Cashmere Man Cannot Be Re-Tried On Rape Charge
A Cashmere man will not be tried a second time on a sexual assault charge after a ruling this week by the Washington Court of Appeals.
In 2021, Blake Alexander Badgley - who is now 25 years of age - was found not guilty of third degree rape by a Chelan County jury. However, the same jury was unable to reach a verdict on a more severe charge of second-degree rape.
Prosecutors charged Badgley for allegedly having sex with a woman who was too intoxicated to consent while at a party in Monitor in 2018.
Superior Court Judge Robert Jourdan ruled Badgley could be retried on the second-degree charge last year, but Badgley's defense argued that would constitute double jeopardy since the elements of the two charges were so similar.
In a 2-to-1 decision issued Thursday (July 27), the Court of Appeals agreed with that argument and also labeled the prosecution as unethical, for its assertions that the victim was actually asleep during the alleged sex at trial and later argued that she was, in fact, awake during a portion of the act.
The prosecution can still ask the Court of Appeals for a reconsideration, or file an appeal with the state Supreme Court.