BOISE, Idaho — Former Idaho State Representative Aaron Von Ehlinger was convicted last year of raping a 19-year-old legislative intern in 2021. He filed an appeal in July of 2023.
His legal team claimed that remarks made by a nurse who testified about the victim's statements in the trial should be inadmissible because of something called the 'Confrontation Clause,' that states in all criminal prosecutions, the accused has the right to face their accuser. The defense is claiming that the nurse wasn't the accuser and therefore the statements she made should not have been included in the evidence against him. Further, that without the nurse's testimony, von Ehlinger would not have been convicted.
The state responded that even if some of the evidence was "improperly admitted," then the remedy would be a new trial, not an acquittal, which is what von Ehlinger is asking for.
"The proper analysis of the sufficiency of the evidence includes all relevant evidence considered by the jury. It thus includes the evidence von Ehlinger contends was improperly admitted. Von Ehlinger has not claimed this evidence was insufficient to support the verdict. If evidence was improperly admitted (something von Ehlinger has failed to establish) such was trial error to which the proper remedy is a new trial, not an acquittal," the prosecution stated.
The Idaho Supreme Court will need to decide if it will hear the case. KTVB will follow the story.
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