Leelanau County Chief Assistant Prosecuting Attorney Doug Donaldson won't object to consolidating two separate victim hearings or turning over digital evidence in the case of Derek Bailey, but plans to fight a request for victim therapy records. Bailey, who is being held without bond in Leelanau County Jail, is awaiting trial on five counts of criminal sexual conduct involving two alleged underage female victims.

Defense attorney Craig Elhart filed motions earlier this month seeking to combine hearings for the two victims, and to compel Donaldson to turn over any evidence recovered from digital devices seized from Bailey on May 4. Court records indicate the victims alleged Bailey recorded sexual encounters with them on his devices. In a response filed with 13th Circuit Court this week, Donaldson agreed "it would be appropriate and beneficial to all parties" to combine victim hearings. He also said his office would turn over electronic evidence "as soon it becomes available," noting: "Given the number of devices and the volume of information they contain, analysis has become tedious and time consuming."

Donaldson, however, resisted a request from Elhart to turn over victim therapy records. Elhart had noted that one of the victims attended counseling for a year-and-a-half after running away from home and attempting to overdose on medication during the alleged period of abuse, and that Bailey drove her to and from her counseling sessions. Elhart argued the therapy notes might exonerate Bailey, since the counselor did not report any complaints of abuse, and also said the sessions might provide another "possible motive for the alleged victim to have lodged the serious claims which she has."

While Donaldson stated he'd so far made "no determination" as to whether the therapist would be called as a witness, he argued the requested therapy records were "privileged." He also questioned whether Bailey's involvement in the girl's therapy should be seen as a positive for the defendant. "(Bailey) was conspicuously insistent that he transport the victim to and from these counseling sessions," wrote Donaldson, "and that he be the one to transport her to the doctor for her check-ups, including OB/GYN exams. Indeed, (we) feel that his insistence on doing this is a relevant control he exercised over the victim to prevent or dissuade disclosure of abuse, which may have precipitated the overdose and need for therapy."

Donaldson said that if potentially exonerating evidence existed in the therapy records, he would turn it over to Elhart "as the law requires." However, he stated that "is it believed such records are irrelevant at this time."

Both Elhart and Donaldson will appear before Judge Philip Rodgers in 13th Circuit Court to argue their motions on July 27 at 11am. Meanwhile, the Grand Traverse Band of Ottawa and Chippewa Indians announced last week that Bailey had resigned as a Tribal Councilor effective July 2. The Tribal Council held a special meeting on July 9 and appointed Tanya Raphael, a tribal citizen, to fill Bailey's post.