A choose on Wednesday dismissed the prison case in opposition to a former Dawn Youth Companies abilities coach accused of getting sexual contact with a then-16-year-old affected person. In her dismissal, Clark County Superior Courtroom Choose Jennifer Snider cited the accuser’s lack of certainty on the stand that the incident occurred.
The ruling got here after the prosecution rested its case Wednesday morning in opposition to Alicia Kaye Stowe. Stowe’s trial for first-degree sexual misconduct with a minor started Monday.
“We have always firmly believed in Alicia’s innocence. It’s been hanging over her head for a long time,” protection lawyer Jon McMullen instructed The Columbian on Wednesday. “We are grateful that it’s finally over.”
McMullen requested the choose to dismiss the case primarily based on the accuser’s Tuesday morning testimony. When requested how assured he was that he had sexual contact with Stowe in a restroom at Dawn’s now-closed Brush Prairie facility, her accuser, who’s now 20, ranked his confidence a 7 out of 10.
“It’s not fair to ask the jury to be more sure of this situation than he was,” McMullen stated.
Deputy Prosecutor Melinda McMahon requested the choose to think about the accuser’s complete testimony concerning the specifics of the contact, and he or she stated his insecurity was the results of his troubled upbringing.
The Columbian just isn’t figuring out the person because of the nature of the prison case and the truth that he was a minor on the time.
Snider agreed with the protection. She stated the accuser’s reply was possible a shock, even for the prosecutor.
“How does the state argue to the jury that they’ve proven their case beyond a reasonable doubt when the victim … stated he was only 70 percent sure that this happened?” Snider stated. “It can’t go to the jury on a 7 out of 10. … I have to dismiss.”
McMahon instructed The Columbian after the dismissal, “We are disappointed that the jury wasn’t able to consider the merits of this case, but we respect the judge’s ruling.”
Testimony
Through the accuser’s testimony, the person stated he had been to Dawn twice as a teen for rehabilitation for his methamphetamine and marijuana use. He stated Stowe, now 36, labored with him throughout each stays.
Throughout opening statements, McMahon stated in the course of the teen’s second keep, in March 2021, the connection modified to unprofessional and sexual.
When police initially contacted him as a teen, he denied having any sexual contact with Stowe. He stated Tuesday he was scared that he’d completed one thing unsuitable, and he felt protecting of Stowe due to his romantic emotions for her.
Across the time he was set to be launched from his second Dawn keep, he had sexual contact with Stowe, he testified.
McMullen stated Stowe’s story has not modified, and he or she has maintained her innocence because the starting of the case.
