The only adult still facing charges in the Ooltewah rape case appeared in court Wednesday.
Gatlinburg Detective Rodney Burns was the first officer on the scene after an Ooltewah High School student was assaulted while out of town for a tournament.
Burns faces two counts of aggravated perjury. The Gatlinburg detective was charged in Hamilton County Juvenile Court following his testimony in the Ooltewah rape case.
The District Attorney's Office said Burns told a different story in court from reports he filed about the investigation.
Attorneys who represent Burns said the case against him never should have been heard in juvenile court, but Judge Tom Greenholtz disagreed.
“Particular on this issue, because this is an issue of interest to the court. They all are but this is in particular,” Judge Tom Greenholtz said.
Hamilton County District Attorney Neal Pinkston, who alleges Burns told conflicting stories, said it was necessary for a preliminary hearing to be held in juvenile court.
“Juvenile court is a little different here than other areas. The judge, rightly so, found it a preliminary hearing was necessary based on inaccuracy on the statue, and to protect the rights of those who were accused,” Pinkston said.
Pinkston said juvenile court has jurisdiction in cases of failing to report child abuse, but the defense says juvenile court should have handed the case over.
Judge Tom Greenholtz said the law is not clear about the channels the case should have followed, but he did rule that the case will move forward in a summer trial.
Burns heads back to court on June 19. The trial is set for June 27.