Trial begins Thursday for Pilgrim

The trial to determine whether to uphold an emergency protective order against OSU basketball player Matt Pilgrim is scheduled to begin Thursday.

Pilgrim, 22, was served an emergency protective order May 3 after an OSU student told police that Pilgrim raped her in her Smith Hall apartment in the North Monroe area on April 12.

The Daily O'Collegian's policy is not to print the name of alleged victims or rape victims in coverage of sexual assault.

Payne County Judge Phillip Corley extended the emergency order on May 21 until the start of the trial.

According to the order, which the Daily O'Collegian obtained from the Payne County Courthouse, the woman stated Pilgrim raped her April 12 in her OSU apartment. Their next contact was May 2, outside of her Smith apartment, where she said Pilgrim harassed her, according to her statement.

On June 21, Payne Country District Court issued two subpoenas for records.

The court commanded Stillwater Medical Center and the Stillwater Police Department to produce all documents and records, including but not limited to, notes, tapes, disks, information stored on computer and billing records related to the OSU student and the alleged incident on April 12.

Pilgrim's attorney William J. Baker of Hert, Baker, Koemel and Ihrig, P.C., submitted a Motion to Quash Subpoena Duces Tecum, a document requesting to throw out a separate subpoena dated June 29 and sent to Baker's office as part of the discovery process of the trial.

The subpoena requested Pilgrim turn over "all telephone and cell phone records and text message records of the Defendant for the dates of April 13, 2010 to the current date," according to the motion.

The motion states that the subpoena is "overly burdensome, and would require the Defendant to produce records that would be irrelevant to any matters involved herein."

Baker requests that if the subpoena is upheld, Pilgrim should only be required to produce records that pertain to the dates of the alleged incident.

The motion states Pilgrim does not have the records in his possession but believes his telephone provider can produce them if given more time than allowed in the subpoena.

Pilgrim averaged 8.2 points per game and 6.7 rebounds for the Cowboys in his first year after transferring from the University of Kentucky.