A former apartment maintenance worker facing trial next month for the 2009 rape of a female tenant had more charges filed against him Thursday.
Cody Joseph Kloepper, 33, had been charged with first-degree rape in Benton County Superior Court.
Now he will face a jury Aug. 8 for rape, as well as first-degree assault, first-degree burglary and the allegation of using a deadly weapon in the attack.
Kloepper pleaded innocent to the new charges.
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Defense attorney Dan Arnold said the new charges were not a surprise based on how a previous suspect in this case was charged.
Prosecutors allege Kloepper raped a woman Dec. 5, 2009, at her apartment at The Villas at Meadow Springs in Richland.
Kloepper was a maintenance employee at the Gage Boulevard complex until he became a suspect in the attack. He was arrested in November, four months after the case against an initial suspect was dropped since DNA evidence cleared him.
Kloepper's DNA could not be excluded as a match, court documents said. But Arnold also has argued that doesn't mean it's his client's DNA on a bloody glove.
According to police and prosecutors, Kloepper stayed overnight in a vacant unit at the apartment complex the night of the attack. She told police she heard someone in her apartment at 4 a.m. and that she believed she had locked her door.
As a maintenance worker, Kloepper would have had keys to the apartment, court documents said.
The woman said someone came up behind her in the kitchen, hit her on the head with a metal bar and then sexually assaulted her. She received extensive injuries, including a broken right arm and left wrist, and head injuries.
The attacker also threatened to kill her if she identified him.
The woman originally picked a different man out of a photo lineup with 32 pictures. She then reportedly was 95 percent certain it was the suspect.
Kloepper's picture was in the group and the victim did not choose him, Arnold said.
Prosecutors have told the court the victim did say initially that her attacker looked like Kloepper but that she could not believe it was him. And court documents show that Kloepper cut his hair before police talked to him and took his picture, so the woman reportedly did not pick him because she was looking for someone with long hair.
On Thursday, Judge Cameron Mitchell recused himself from presiding over the trial at the request of Kloepper and his lawyer. Mitchell revealed that he used to know the victim though he has not seen or talked to her in more than 20 years.
Deputy Prosecutor Terry Bloor has notified court administrators that a new judge needs to be preassigned to the case.
Bloor said he is ready to go Aug. 8 and has two out-of-state witnesses with airline tickets already paid. He also asked the defense to turn over any more documents because the trial is "getting very close" and he has a week to finish getting ready.
Arnold told the court that he has a good relationship with his client and knows he doesn't want to delay the trial.
However, Arnold also said he may need to add witnesses to his list because there has been some disagreement about when Kloepper got his hair cut. Their testimony would be "in terms of his habits of haircutting," he said.
Kloepper remains in the Benton County jail on $150,000 bail.