BOISE, Idaho — Aaron von Ehlinger, the former Idaho state representative convicted of raping a 19-year-old legislative intern, was denied a new trial in court Thursday because a judge found the jury had sufficient evidence to reach a guilty verdict.
"There is no question if penetration occurred. The question was, was it consensual? The jury was free to believe or disbelieve the statements from the nurse, and they chose to believe her," District Judge Michael Reardon said.
Jane Doe, the victim, said that last year, von Ehlinger took her to dinner and back to his apartment, where he pinned her arms down by his knees and forced her to perform oral sex.
Von Ehlinger's defense recently filed the motion for a new trial claiming that the state was "leading" one of the testifying witnesses, sexual assault nurse Ann Wardle, who testified to Doe's injuries and her statements about the incident after examining her.
The motion also claims von Ehlinger was denied his constitutional rights for a cross-examination of his accuser since she bolted from the stand mid-testimony in what seemed like a bout of terror.
Cox was offered an opportunity to request a mistrial the day Doe ran from the stand, but he declined. She was never subpoenaed to testify from the defense, either, so prosecutors allowed her to abstain from the rest of the trial.
This is all allowed in court, Reardon told Cox on Thursday. Wardle's testimony, which said Doe was forced into oral rape and hit her head when she resisted, is not considered hearsay under Idaho Rules of Evidence 803. This is because nurses are allowed to testify to treatment, diagnosis, a victim's state of mind, their physical condition and others.
"The evidence was based upon a firmly rooted exception to the hearsay requirement," Reardon said.
Additionally, Jane Doe did not have to testify for a jury to reach a verdict.
The Sixth Amendment says a defendant has a right to face his accuser in court, but Doe was the complaining witness -- the State of Idaho was the accuser that brought forth the evidence against von Ehlinger.
"That evidence is considered by the jury and determined not to violate the Sixth Amendment. I am not inclined to second guess the jury," Reardon said. "I understand the concern about an accuser not being in court, but there are a number of cases which are tried and proven without the injured party giving testimony."
Cox said, after reviewing the jury transcript, that Wardle did not testify directly to von Ehlinger forcing himself into Doe's mouth, and that the state was leading her testimony. The state did not produce evidence a rape occurred and the jury did not have the ability to find him guilty based on what was presented to them, Cox said.
Reardon countered this after reviewing the transcript as well.
"Whether or not leading the witness was true, the record demonstrates during cross the question of forcible penetration was raised and testified to at least five times," Reardon said.
Cox called a co-worker of Doe's, Brandy Bentzinger. Bentzinger submitted an affidavit, which is sealed, that claims Doe told her conflicting statements about the incident. Bentzinger had called von Ehlinger at his office inside the statehouse before the trial, Cox said. However, when the state cross-examined Bentzinger, she admitted that Doe told her she did not want to perform oral sex, corroborating the State's evidence. The state asked for her to be dismissed, and Reardon obliged.
After the hearing, Cox and von Ehlinger's family clustered in the lobby of the courthouse. KTVB asked for comment, but they declined.
Von Ehlinger was expected to be expelled from the House of Representatives in 2021 over his conduct with women, but resigned before the House took a vote. A year later, almost to the day, he was found guilty of rape by a 12-person jury.
His sentencing is set for Aug. 31 at 3:30 p.m. at the Ada County Courthouse in Boise.
Reporter Alexandra Duggan was live-tweeting from the courtroom.
Follow along on Twitter @dugganreports.
Live updates here:
4:13 p.m. Asked Cox & Von Ehlinger’s family for a statement and they said no.
4:02 p.m. See you then.
4:02 p.m. Sentencing for former lawmaker convicted of rape is set for Aug 31 at 3:30 p.m.
4:00 p.m. Reardon: the accuser is the state and the state brings forth evidence and that evidence is considered by the jury and determined not to violate the 6th amendment, I am not inclined to second guess the jury.
3:57 p.m. Reardon: There is no question if penetration occurred, the question was, was it consensual? The jury was free to believe or disbelieve the statements from the nurse and they chose to believe her.
3:54 p.m. Reardon: Whether or not leading the witness was true, the record demonstrates during cross the question of forcible penetration was raised and testified to at least five times.
3:53 p.m. Note: We can't read Bentzinger's statement in the affidavit.
3:50 p.m. Cox is responding. Bentzinger made a phone call to his phone at the statehouse saying she had info, so defense didn't receive it until after trial.
3:48 p.m. Hearsay statements made to medical professionals are exempt from the confrontation clause, Farley says.
3:48 p.m. Farley: Statements made to Wardle were proper under Idaho Rules of Evidence which is an exception to the hearsay rule.
3:48 p.m. State: Confrontation clause applies only to testimonial evidence. Farley cites a case that says the prosecution is not required to show the witness was not available.
3:44 p.m. State: Cox knew he could have subpoenaed Doe but did not, and he was offered a mistrial opportunity and did not take it.
3:42 p.m. State: The defendant has the burden in regards to newly discovered evidence. says this evidence is not new because Bentzinger left a voicemail to the defendant before trial.
3:39 p.m. State: Wardle provided the same testimony numerous times during cross and redirect, so its admissible.
3:28 p.m. Farley: Idaho evidence rule 611 rule allows for a type leading question on direct examination if necessary to develop a testimony "that is what the state was attempting to do".
3:38 p.m. Katelyn Farley, prosecutor, is up now. Notes that the violation of rights does not fall into Idaho Code. Says that the rule is its acceptable when the jury can find sufficient evidence a crime occurred.
3:35 p.m. Cox: "Consider the idea that someone can stand trial and their rights can be trumped by a medical exception".
3:34 p.m. Cox: The state did not produce evidence a rape occurred and the jury did not have the ability to find him guilty based on what was presented to them. "Transcript is clear Wardle did not provide that information".
3:32 p.m. Cox just said Doe's name again.
3:28 p.m. Cox said that judge sustained the objection to the state leading the witness (nurse). He has a right to cross-examine JD, he says.
3:26 p.m. Cox is saying he doesn't believe the state produced evidence to support rape. "This is a new way they're trying cases, not calling the victim."
3:23 p.m. Cox said he had the subpoena for Doe but she left so he couldn't serve her with it (?)
3:21 p.m. Cox says the state devised "a new way" to try these cases. said the state elected to not call Doe as a witness. Cox said he couldn't cross examine witnesses about inconsistent statements that were allegedly made bc Doe technically never took the stand.
3:19 p.m. Judge is sustaining the state's objection and calling the witness off the stand.
3:17 p.m. Bentzinger confirmed that Doe told her she did not want von Ehlinger... in her mouth. State is asking that because Bentzinger just admitted this, they want the judge to call it.
3:07 p.m. Cox is asking about using Doe's real name. Reardon says no.
3:04 p.m. Witness: Alisha Shiffer, legal assistant to Jon Cox, is on the stand.
3:03 p.m. Cox said he has two witnesses that are going to testify today. State is objecting the witnesses and asks that the second witness be dismissed. Detective Joseph from BPD may testify today as well.
9:28 a.m Von Ehlinger’s lawyer is asking for a new trial because he believes his client's constitutional rights were violated. He also says he has someone who will say Jane Doe made “conflicting statements” about the incident. Today, 3pm.
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