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‘I can’t do this’: Intern who accused Idaho lawmaker of rape bolts mid-testimony

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‘I can’t do this’: Intern who accused Idaho lawmaker of rape bolts mid-testimony


Former lawmaker Aaron von Ehlinger, a Republican from Juliaetta, is on trial for sexually assaulting the 19-year-old throughout the 2021 legislative session.

BOISE, Idaho — Observe: This story incorporates graphic content material and accounts of sexual assault that could be disturbing to some readers. 

An intern who says she was sexually assaulted by a state lawmaker throughout the 2021 legislative session took the stand Wednesday afternoon, solely to abruptly go away the courtroom in the midst of her testimony. 

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“I am unable to do that,” Jane Doe stated as she bolted from the room. 

The prosecution requested for ten minutes to attempt to persuade the younger girl to return, then requested the choose if the listening to could possibly be paused till the subsequent morning, to see if she can be keen to choose up her testimony then.

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However because it grew to become clear Jane Doe wouldn’t come again, the prosecution rested its case. 

Aaron von Ehlinger, 39, is charged with rape and forcible penetration, each felonies. 

The 19-year-old intern informed police that she had been sexually assaulted by von Ehlinger at his Boise residence after the pair went out to dinner collectively the evening of March 9, 2021.

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Jane Doe informed detectives and the nurse who carried out her sexual assault examination that the then-lawmaker penetrated her along with his finger, pinned her down, pressured his penis into her mouth, and masturbated onto her regardless of Jane Doe bodily pulling away, telling him “no,” and saying she didn’t wish to proceed and that he was hurting her.

On the stand Wednesday, the girl gave monosyllabic solutions to Prosecutor Katelyn Farley’s questions, staring continuously in direction of the protection desk the place von Ehlinger sat and on the exit to the courtroom. 

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“Deal with me,” Farley pleaded at one level.

“I am unable to, she responded. 

Earlier than leaving the room, Jane Doe testified that von Ehlinger had given her cookies and his mobile phone quantity whereas she was working on the Statehouse, then later requested her on a date. She stated she couldn’t keep in mind what restaurant they went to for dinner, however did keep in mind returning to the lawmaker’s downtown residence. 

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In a low voice, she recounted consuming some Oreos inside his unit earlier than von Ehlinger picked her up, carried her to the bed room, positioned her on the mattress, and took off her garments. He climbed on prime of her in simply his boxers and a T-shirt, she stated. The lawmaker tried to place his fingers inside her, she stated, however she closed her legs.

Jane Doe stopped speaking. 

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She seemed once more in direction of the door. 

She rose to her ft, after which she was gone. 

Choose Michael Reardon ordered the girl’s testimony stricken from the report; von Ehlinger’s protection legal professional had not gotten an opportunity to cross-examine her earlier than she left. Reardon informed the jurors they might not take into account what she had stated of their deliberations, and may act as if Jane Doe by no means entered the courtroom or stated a phrase.

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Jane Doe’s mom testified for the prosecution earlier that morning, describing a cellphone name from her daughter on March 11, 2021. Her daughter sounded afraid, and had been crying, she testified.

The mom informed her daughter to show her attacker in, and Jane Doe went to the assistant sergeant-of-arms for the Idaho Home, Kim Blackburn, based on testimony.

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Blackburn stated on the stand that Jane Doe – who she had met as a highschool Home web page the earlier yr – recounted what had occurred and named von Ehlinger as her assailant. 

Blackburn took the report on to Speaker of the Home Scott Bedke, she testified. Jane Doe underwent a sexual assault examination at FACES of Hope and spoke to Boise Police detectives the identical day. 

Von Ehlinger, a Republican from Juliaetta, resigned from his seat within the Idaho Home in April 2021 after a legislative ethics committee discovered that he had dedicated “conduct unbecoming a consultant” in sexually pursuing the intern and several other different ladies who labored on the Capitol constructing. The rape costs had been filed and von Ehlinger was taken into custody in September. 

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Dr. Laura King, an affiliate professor of prison justice at Boise State and professional witness on victims of sexual assault, testified that victims who report their rapes usually come ahead greater than 24 hours after it occurred, with some coming ahead weeks, months, and even years later. Nearly all of sexual assaults go unreported completely, she stated.

King stated the trauma of an assault releases a flood of hormones that may spark “tonic immobility” – being frozen, unable to maneuver, communicate, or battle again – in addition to result in later points together with melancholy, dissociation, and PTSD.

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She additional testified that recounting a sexual assault can result in trauma responses just like these skilled within the second of victimization, with some individuals shutting down, remembering occasions out of order, or refusing to reply questions.

“There isn’t any proper or improper option to reply” to a sexual assault, she stated.

The trial is predicted to begin up once more Thursday morning with the presentation from the protection. Protection legal professional Jon Cox informed the choose he might name von Ehlinger himself to the stand, however that in gentle of Jane Doe’s testimony being thrown out, won’t name some other witnesses. 

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Reardon stated the case could also be handed over to jurors for deliberation as early as Thursday afternoon. 

If convicted, von Ehlinger faces as much as life in jail and obligatory registration as a intercourse offender.

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Dwell updates from court docket:

2:03 p.m. – Jury is again in. The prosecution rests. Jane Doe won’t testify.

2:01 p.m. – It appears like we might be wrapping up early at present.

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2 p.m. – Farley stated the prosecution will relaxation — which means that Jane Doe won’t come again. Cox stated he is not able to take up his witnesses. “Why not?” Reardon asks him, sounding a bit of aggravated. “It is clearly gone loads quicker than we thought it will,” Cox says. He’s asking to have till Thursday to name his protection witnesses. If Cox calls anybody Thursday, it will likely be von Ehlinger, he tells the choose.

1:57 p.m. – Court docket is now in recess.

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1:57 p.m. – That is all for King. Aside from Jane Doe — if she comes again Thursday — King was the final witness for the prosecution.

1:56 p.m. – “Rape is known to be about energy and management,” King says.

1:54 p.m. – On redirect, King testifies that her analysis relies on science. Farley (prosecution) is asking about Jane Doe speaking to the media. Farley asks: “If the sufferer has been pushed or pressured into the general public eye or into the media, would that have an effect on that?” Cox objects; the objection is sustained. Earlier than getting reduce off, King says “analysis signifies false experiences are very uncommon.”

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1:52 p.m. – Cox is asking whether or not somebody who was remoted and traumatized would grant an interview to the press. King responds by saying most instances she has been concerned in do not contain media protection, so she will be able to’t communicate to that.

1:52 p.m. – Below questions, King says she has not researched the case, talked to sufferer or suspect, and doesn’t have any proof particular to this case — versus normally about rape victims.

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1:50 p.m. – Protection (Cox) now asking whether or not King all the time believes somebody who says she or he was victimized. “If I used to be to say to you, ’25 years in the past my uncle molested me,’ you’d consider me, would you not?” Cox asks. “Sure,” King responds. “That did not occur,” Cox stated.

1:48 p.m. – Cox asks King whether or not she would testify for von Ehlinger in the event that they employed her. King sort of shrugs, says she is not certain, and has by no means been approached by the protection.

1:47 p.m. – Cox is up now to cross-examine the witness, Dr. King. Cox asks: “You might be an ardent advocate of sexual and home violence, proper?” King responds: “Towards it.”

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1:45 p.m. – The hormones which might be launched in a trauma can mess with reminiscence and recall, King says, with many victims recalling issues out of order.

1:44 p.m. – “There isn’t any proper or improper option to reply” to trauma, King says. She testifies that recounting a sexual assault can have a traumatic impact as effectively.

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1:43 p.m. – PTSD is frequent in rape victims, King says. There are additionally “social penalties” that may isolate the sufferer; these are magnified if the sexual assault is made public, King says.

1:42 p.m. – “Sexual violence is known to be about energy and management,” King says. King is speaking now about “coercive management” — issues like bodily measurement, social standing, that somebody can wield to achieve energy over one other.

1:40 p.m. – “They could blame themselves for not having resisted,” King says of victims. Analysis exhibits that when the sufferer is aware of her assailant, she is much less more likely to bodily battle again, King says.

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1:39 p.m. – “Tonic immobility” — freezing — shouldn’t be unusual with intercourse assault victims, King says. Cox is objecting to King discussing medical phrases, saying she’s not a medical physician. The objection is overruled.

1:37 p.m. – Following a trauma, many victims go right into a battle, flight or freeze — a sufferer so afraid they can’t transfer or communicate, King says. She additionally testifies that some victims may need dissociative occasions after that, resulting in issues like hyperfocus on a “random factor,” closing themselves off, or not answering questions.

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1:35 p.m. – Victims could also be not sure who to inform, embarrassed about what occurred, or not pondering rationally attributable to their trauma, King testifies. There’s “no proper manner” victims ought to reply to trauma, she says.

1:33 p.m. – “Sexual violence is essentially the most unreported violent crime,” King says, including that the majority experiences are delayed no less than 24 hours after the assault, however days, months, years later shouldn’t be unusual.

1:33 p.m. – King would not know Jane Doe or von Ehlinger, and has not learn experiences on the case.

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1:29 p.m. – Dr. Laura King is an affiliate professor of prison justice at Boise State College. Her analysis is on victimization — significantly because it pertains to sexual violence.

1:27 p.m. – The jury is again. Farley calls Dr. Laura King to the stand.

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1:26 p.m. – If Jane Doe would not come again, Choose Reardon says, he’ll strike her testimony and inform the jury to proceed as if she by no means took the stand in any respect.

1:25 p.m. – Choose Reardon desires the prosecution to name their final witness, Dr. King, at present. Cox would not need the physician to opine on what simply occurred, with Jane Doe leaving mid-testimony. He says he has by no means seen that occur earlier than.

1:24 p.m. – The jury shouldn’t be within the room. The attorneys and Choose Reardon are speaking in regards to the account Jane Doe gave to the nurse who carried out her sexual assault examination, and the way a lot of that can be utilized. “I’m actually not concerned with dropping the remainder of the day, Ms. Farley,” Reardon stated.

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1:19 p.m. – Farley: Jane Doe has left the courthouse, and “shouldn’t be in a state” the place she will be able to return. She is asking to finish the trial for the day to offer them extra time to persuade Doe to come back again and testify within the morning.

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1 p.m. – Prosecutor Farley asks for a bit of little bit of time to attempt to persuade Jane Doe to come back again. Reardon says OK.  If she will not come again, the choose says, he’ll possible be requested to strike her testimony (since protection would not have an opportunity to cross-examine her). The protection may additionally probably ask for a mistrial, though that has not occurred but.

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12:58 p.m. – Jane Doe simply received up and walked out of the courtroom. Choose Reardon calls a recess.

12:58 p.m. – Jane Doe stated von Ehlinger tried to place his fingers inside her, however she closed her legs. “I am unable to do that,” Doe stated.

12:56 p.m. – Inside von Ehlinger’s residence, Jane Doe ate some Oreos. Then-Rep. von Ehlinger was within the rest room, then got here out and picked her up, carried her into the bed room and put her on the mattress. Doe testified that he took off her garments. “He climbed on prime of me in simply his boxers,” she stated.

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12:55 p.m. – Jane Doe is staring von Ehlinger down. “Deal with me,” the prosecutor tells her.

12:54 p.m. – After they received to the residence, “he opened the door, and stated there have been cookies upstairs,” Jane Doe testified.

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12:54 p.m. – Jon Cox, von Ehlinger’s legal professional, requested to method the bench. The attorneys confer quietly with the choose.

12:53 p.m. – Jane Doe says on the evening of March 9, 2021, she and von Ehlinger went out to dinner, however she would not keep in mind the place. She testifies that von Ehlinger picked her up in entrance of the statehouse.

12:52 p.m. – Prosecutor asks Jane Doe: “Will you have a look at me?” Jane Doe: “I am unable to.”

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12:51 p.m. – Jane Doe testifies that she was an intern in March 2021. She met von Ehlinger there, she stated. He gave her cookies and his quantity on a card.

12:49 p.m. – Jane Doe is taking the stand.

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12:45 p.m. – Choose Reardon simply entered the courtroom. Any person’s mobile phone went off proper as he got here in. “That is not a great begin,” the choose stated.

11:09 a.m. – Court docket taking an early lunch break, till 12:45 p.m.

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11:07 a.m. – Blackburn’s testimony, together with cross-examination, are completed. She steps down from the witness stand.

11:05 a.m. – Blackburn says she has heard the Home has not adopted the Respectful Office tips, however she shouldn’t be answerable for that. Cox then asks whether or not Blackburn was conscious that Jane Doe was of authorized age in 2021. Blackburn responds that she was conscious.

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11:04 a.m. – Cox is up for cross-examination. He asks Blackburn, “It’s true, is it not, that the Home of Representatives has adopted the Respectful Office tips?”

11:02 a.m. – Boise Police requested Blackburn to organize a written assertion about what occurred, and he or she did.

11:01 a.m. – Blackburn testifies she went to Home Speaker Scott Bedke and informed him what Jane Doe had stated.

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11 a.m. – Blackburn testifies that Jane Doe received up abruptly, put her hand over her mouth, and stated, “I’ve received to go.” The intern then went again into the Home chamber, to the realm the place the loos are.

10:57 a.m. – Blackburn requested if Jane Doe needed to report what occurred. She says she did not wish to affect Doe both manner. Blackburn testifies: “I’d assist her do no matter she needed accomplished.”

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10:56 a.m. – Blackburn testifies that Jane Doe gave her a reputation on the finish of the dialog about what occurred to her.

10:55 a.m. – Blackburn says Jane Doe informed her she was afraid.

10:53 a.m. – “She appeared pressing about what she wanted to speak to me about; I’d say a bit of anxious,” Blackburn says, additionally testifying that Jane Doe spoke very quietly as she informed Blackburn what occurred to her. “As soon as the dialog began and I spotted what I used to be listening to, I instantly went into extra of a triage mode the place I used to be simply making an attempt to determine what she was saying.” Blackburn additionally says she was not there to interview Doe; she was there to hear.

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10:50 a.m. – The morning of March 11, 2021, Jane Doe got here into the third-floor Home lunge and requested to speak to Blackburn in personal.

10:48 a.m. – Blackburn says she schedules pages for Respectful Office coaching and tells all of them that “in the event that they really feel uncomfortable about something” throughout their employment, they need to inform a trusted grownup as quickly as potential. Jane Doe took that coaching, Blackburn testifies.

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10:45 a.m. – Jane Doe got here in as a Home web page in 2020, Blackburn says. She got here again the subsequent session as an intern. “She was no completely different than any of the opposite pages. I take into account all of them to be top-notch children,” Blackburn says.

10:42 a.m. – The Idaho State Capitol additionally has an intern program. Blackburn says pages do not work for a selected consultant. Interns are assigned to a celebration — Republican or Democratic — and usually work with one or two lawmakers. “It is extra one-on-one if you end up an intern” quite than a web page, Blackburn testifies.

10:41 a.m. – Blackburn’s duties as assistant sergeant at arms for the Idaho Home embody getting issues prepared for the beginning of the session, hiring Home pages, and so on. Pages are highschool college students who work within the committee rooms and within the Home chamber, Blackburn testifies. She additionally describes herself as a “direct supervisor” for the pages.

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10:36 a.m. – Jane Doe’s mom is excused from the witness stand. Kim Blackburn, Assistant Sergeant at Arms for the Idaho Home, is up subsequent.

10:32 a.m. – Cox asks whether or not Jane Doe’s mom was relieved to listen to that there was “no penetration.” The prosecution instantly objects, and Reardon sustains the objection. That is the top of the cross-examination.

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10:30 a.m. – Jane Doe’s mother says, beneath questioning, that her daughter labored for a home violence advocacy heart in Caldwell at one time, earlier than the assault.

10:28 a.m. – “She did not take guff from just about anyone, did not she?” Cox asks. Jane Doe’s mother says that’s true.

10:27 a.m. – Jon Cox, for the protection, is up for cross-examination. He’s asking if Jane Doe’s relationship together with her mom was in any respect strained. Doe’s mom says no, it wasn’t.

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10:25 a.m. – Jane Doe’s mother says her cellphone name together with her daughter on March 11, 2021, lasted about an hour. Inside a number of days, Doe talked to her in individual, with extra particulars. “She was nonetheless, you realize, broke down when she was speaking about it. She was nonetheless upset,” Doe’s mom testifies.

10:25 a.m. – Prosecution says they’ve three extra witnesses to name after Jane Doe’s mom, together with “probably” Jane Doe.

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10:16 a.m. – Court docket in a quick break now.

10:14 a.m. – Prosecution argues the doxxing and trauma are related as a result of that initially swayed Jane Doe away from pursuing costs.

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10:13 a.m. – Choose Reardon says the credibility of the trauma comes from a first-person testimony, not observational testimony.

10:08 a.m. – Choose Reardon doesn’t sound satisfied that the doxxing is irrelevant to the case. He says Jane Doe can testify to that, however he’s not certain that ought to come by way of third-party witnesses. “The credibility query, it appears to me, would solely come up if she testifies,” Reardon says.

10:06 a.m. – Cox argues that the doxxing “is completely not associated to Aaron,” and is irrelevant.

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10:04 a.m. – Prosecutor Whitney Welsh asks if Jane Doe’s mother later grew to become conscious that her daughter’s id had been launched publicly. Cox instantly objects. Choose Reardon requires a quick recess.

10:03 a.m. – Doe’s mom doesn’t recall asking any particular questions; she was centered on listening. 

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10:02 a.m. – Her daughter stated she was afraid to to enter work, and was not sure what to do. Mother inspired Jane Doe to “flip that individual in,” and report it to whoever she wanted to. Doe needed to go away for work at the moment.

10:01 a.m. – “She was very quiet, like she was scared,” Jane Doe’s mom stated, referring to their March 11, 2021, cellphone dialog. “She had been crying. She was like whispering. I do not know. It made me very involved as a result of that was not how she would discuss on the cellphone to me.”

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9:59 a.m. – Jane Doe was working as an intern on the Idaho Capitol in March 2021, and had labored there the yr earlier than as a web page, beginning at age 17, Doe’s mom testifies. On March 11, she says, her daughter referred to as her at about 7:30 a.m. The alleged assault was the evening of March 9.

9:57 a.m. – Jane Doe’s mom testifies she and her daughter have an in depth relationship. “She may be very impartial, robust, affected person, assured — or was,” she says. “She is superb to me.”

9:54 a.m. – Cox questioning Hughes: DNA checks don’t show a rape was dedicated, appropriate? And it would not show there was no consent? Hughes’ reply: Proper.

9:51 a.m. – Hughes testifies {that a} low degree of male DNA was detected in Jane Doe’s vaginal and exterior genital swabs, however it was beneath the cutoff for evaluation. Oral swabs had been inconclusive for presence of male DNA, Hughes says, however the swab on Doe’s abdomen had sufficient DNA proof to maneuver ahead within the evaluation. Eric Seat with ISP testified Tuesday that the proof collected in that swab was a match for von Ehlinger.

9:41 a.m. – Kira Hughes with ISP forensics testifies that she analyzed the sexual assault equipment from Jane Doe and the buccal swabs (cheek swabs) Boise Police collected from von Ehlinger.

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9:34 a.m. – Cox asks Joseph if he checked out safety cameras within the parking space, and whether or not that might have been essential. Joseph says he didn’t. Joseph testifies that Jane Doe reported the assault occurred inside von Ehlinger’s residence, not the parking storage.

9:33 a.m. – Jon Cox, von Ehlinger’s legal professional, now questioning Joseph. He confirms von Ehlinger consented to the swab and {that a} warrant was not used.

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9:31 a.m. – Det. Joseph says he additionally collected the clothes Jane Doe was carrying the evening of the alleged assault. He additionally collected texts between her and von Ehlinger. He would not say what the texts stated.

9:28 a.m. – Iverson completed testifying. Boise Police Det. Brandon Joseph with the Particular Victims Unit is on the stand. He testifies that he met with Jane Doe after she went to police. Joseph additionally testifies that he met with von Ehlinger on March 22, and picked up cheek swabs of saliva and pores and skin cells from him.

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9:25 a.m. – Det. Monte Iverson on the stand. He testifies that his first contact with Jane Doe was on March 11. He met her on the Capitol, and referred her to FACES. Protection asks Iverson whether or not the parking storage for von Ehlinger’s residence had video cameras. Iverson says he would not know, and didn’t look across the parking space for cameras. He additionally says Doe didn’t wish to go ahead with a case till she first spoke with a lawyer. 

8:30 a.m. – Day 2 of the trial is scheduled to start at 9 a.m. KTVB has a reporter within the courtroom.

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Recap of day 1 of the trial

Prosecutors have indicated they’ll name seven or extra witnesses to the stand Wednesday, together with Jane Doe.

Von Ehlinger was charged with felony counts of rape and forcible penetration after an intern on the Idaho Statehouse informed police he had sexually assaulted her in his residence throughout the 2021 legislative session.

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Ada County prosecutors argued throughout the first day of a rape trial that the defendant, a former Idaho lawmaker, “used his energy, each social and bodily” to sexually assault a Statehouse intern throughout the 2021 legislative session.

Aaron von Ehlinger, 39, is charged with felony counts of rape and forcible penetration with a overseas object. He’s accused of penetrating the 19-year-old girl along with his finger and forcing her to carry out oral intercourse at his Boise residence March 9, 2021 after the pair went out to dinner collectively.

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Von Ehlinger, a Republican from Juliaetta, resigned as a lawmaker the next month after an ethics panel discovered that he had dedicated “conduct unbecoming” in his sexual pursuit of the intern and several other different ladies who work on the Capitol. 

He was arrested in September.

“This case is about energy; energy wielded within the improper arms,” Prosecutor Katelyn Farley informed jurors in her opening assertion.

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The 19-year-old, recognized in court docket paperwork as Jane Doe, informed police the then-lawmaker was driving her again to her car when he informed her he needed to first cease at his Boise residence to choose one thing up.

As soon as she was inside his residence, nevertheless, the intern reported that von Ehlinger picked her up, carried her into his bed room, eliminated her clothes, and assaulted her, regardless of her repeatedly telling him “no” and saying that she didn’t wish to have intercourse.

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Farley stated in her opening assertion that the intern “tried to withstand, she tried to make excuses” – together with telling von Ehlinger she wasn’t on contraception, they might get in bother, she wasn’t prepared, and that he was hurting her. 

“He did not cease and he did not hearken to [Jane Doe],” Farley stated.

Von Ehlinger has insisted the encounter was consensual. He pleaded not responsible to the costs in November.

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Jon Cox, the defendant’s legal professional, stated the proof within the case will show his shopper harmless. He argued in his opening assertion that Jane Doe willingly went as much as von Ehlinger’s residence and that the 2 kissed earlier than transferring into the bed room.

“From Aaron’s standpoint, it was two consensual individuals engaged in making out,” Cox stated.

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Cox stated the sexual encounter that adopted was consensual as effectively.

Anne Wardle, a Saint Alphonsus nurse who carried out a sexual assault examination on Jane Doe on Might 11, described the 19-year-old as “fairly tearful.”

The intern recounted that she had hit her head on the headboard or wall as she tried to drag away from von Ehlinger, and the examination revealed a “lump or goose egg” on the again of her head, based on Wardle.

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The nurse testified that Jane Doe stated that she had informed von Ehlinger “no” and stated “I do not wish to do that,” however he had straddled her along with his knees pinning her arms and compelled his penis into her mouth.

The 19-year-old recognized von Ehlinger as her assailant, Wardle stated. Jane Doe  informed her that the lawmaker carried a handgun always, and that he had taken the gun off and positioned it on the dresser as soon as within the bed room.

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A number of individuals – together with present Idaho Home member and candidate for lieutenant governor Rep. Priscilla Giddings – extensively shared the intern’s identify, picture, and private info after she reported the rape to police. Giddings was sanctioned for publicly posting the data, in addition to mendacity about it beneath oath, in a separate legislative ethics listening to.

Throughout jury choice, the prosecution requested potential jurors whether or not they maintain beliefs on how a sufferer ought to act following an assault, or how a lot bodily resistance a sufferer should put up. Prosecutor Katelyn Farley additionally requested whether or not any personally know any survivors of rape, drawing responses from a number of individuals who talked in regards to the sexual abuse of their moms, sisters, buddies, or sufferers. Lots of these polled stated their cherished one didn’t report what had occurred to police.

Von Ehlinger’s protection legal professional, Jon Cox, requested whether or not the truth that the defendant was a politician or a Republican would bias potential jurors in opposition to him, and queried the group about their ideas on the “Me Too” motion. 

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Finally, a gaggle of seven males and 6 ladies had been seated, making up the panel of 12 jurors and one alternate.

If convicted, von Ehlinger may withstand life in jail and obligatory registration as a intercourse offender. 

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See the most recent Treasure Valley crime information in our YouTube playlist:

https://www.youtube.com/watch?v=videoseries





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Idaho

Supreme Court sends Idaho abortion case back to Circuit Court

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Supreme Court sends Idaho abortion case back to Circuit Court


WASHINGTON (BP) – In a 5-4 vote, the U.S. Supreme Court (SCOTUS) sent the case of Idaho and Moyle v. U.S. back to the Ninth Circuit Court in a ruling released, June 27. The case involves a conflict between state law and the Biden Administration’s use of the Emergency Medical Treatment and Labor Act (EMTALA).

“At the heart of the case is the wild assertion by the Biden Administration that abortion is healthcare. Instead of dismantling that argument and protecting lives, the Court punted,” said Brent Leatherwood, Ethics & Religious Liberty (ERLC) president.

“We agree with Justices Alito, Thomas and Gorsuch that any perceived conflict here is the result of the federal government’s novel approach to EMTALA. These justices would have moved forward with ruling on the merits of the case––and the Court should have done so,” he said.

The “unsigned order from the justices leaves in place an order by a federal judge in Idaho that temporarily blocks the state from enforcing its abortion ban, which carves out exceptions only to save the life of the mother and in cases of rape or incest, to the extent that it conflicts with a federal law, the Emergency Medical Treatment and Labor Act. That 1986 law requires emergency rooms in hospitals that receive Medicare to provide ‘necessary stabilizing treatment” to patients who arrive with an “emergency medical condition,’” according to Amy Howe at scotusblog.com.

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Leatherwood said the ERLC will continue to work to support the state law in the case.

According to the ERLC, “While Idaho’s law is allowed to remain in effect in the meantime, it is limited by a decision from the lower court permitting abortion when the health of the woman is deemed at serious risk, and continuing litigation will resolve a lack of clarity on what that terminology means.”

Leatherwood called the Biden Administration action a means to “radically reinterpret laws meant to save lives.”

Lawyers for the Biden Administration argued the law caused confusion between the state’s law prohibiting abortion and the federal regulation mandating physicians perform an abortion in a case when the mother’s health is deemed to be at emergency risk.

“I am disappointed that SCOTUS has not rejected the Biden administration’s blatant attempt to hijack a law that protects mothers and babies. Throughout my 30-year career, EMTALA has never confused me or my obstetric peers when providing emergency care, especially considering 90% of obstetricians do not perform elective abortions,” said Ingrid Skop, an OB-GYN who also serves as the vice president and director of medical affairs at the Charlotte Lozier Institute.

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Pro-life advocates believe some women are manipulating the federal policy to receive an abortion in Idaho despite the state law.

“I have always – before Dobbs, and since– been able and willing to intervene if a pregnancy complication threatened my patient’s life, and every state pro-life law allows us to act. Forcing doctors to end an unborn patient’s life by abortion in the absence of a threat to his mother’s life is coercive, needless and goes against our oath to do no harm,” she said.

According to the ERLC, “The case will return to the Ninth Circuit with the injunction from the lower court once more in effect, where the court will hear the case on the merits and proceed, essentially, as if the Supreme Court had never taken up the case. This case or other litigation raising these underlying questions will likely return to the Supreme Court in coming terms.”





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Idaho

Supreme Court ruling allows emergency abortion access in Idaho for now

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Supreme Court ruling allows emergency abortion access in Idaho for now


WASHINGTON (Gray DC) – The Supreme Court dismissed a pair of cases on Thursday about emergency abortions in Idaho, temporarily clearing the way for hospitals in the state to perform the procedure despite the state’s near-total abortion ban.

A majority of the court agreed that Moyle v. United States and Idaho v. United States were granted “improvidently,” meaning mistakenly, and punted them back to the lower courts for further litigation.

The cases began nearly two years ago in the wake of the landmark Dobbs v. Jackson Women’s Health Organization decision, which overturned the constitutional right to an abortion. The Biden administration sued Idaho over its abortion ban, which bars the procedure in nearly all cases except “when necessary to prevent the death of the pregnant woman” and in cases of rape or incest.

The administration argued that the ban conflicts with a federal law called the Emergency Medical Treatment and Labor Act, or EMTALA. The law requires nearly all hospitals, those that receive Medicare, to provide emergency services to anyone, regardless of their ability to pay.

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The administration said in its brief that the Idaho ban’s exception was narrower than the federal law, “which by its terms protects patients not only from imminent death but also from emergencies that seriously threaten their health.”

But Thursday, the high court did not address the core issue of the case, whether federal law preempts state abortion bans. While the litigation continues, the Supreme Court reinstated a lower court’s ruling, allowing for emergency abortions in Idaho for the time being.

The court decided that it got involved too early, with Justice Amy Cooney Barrett writing in her opinion it “was a miscalculation in these cases, because the parties’ positions are still evolving.”

Justice Ketanji Brown Jackson wrote in her opinion that the decision “is not a victory for pregnant patients in Idaho. It is delay. While this Court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position, as their doctors are kept in the dark about what the law requires. This Court had a chance to bring clarity and certainty to this tragic situation, and we have squandered it.”

Justice Samuel Alito also wrote in his opinion that court should not have sidestepped the issue.

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“Apparently, the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents. That is regrettable,” Alito wrote.

Attorney General Merrick Garland said after the ruling that the Justice Department will continue to push to use every tool it can to ensure that women have access to essential emergency care that is provided under EMTALA.

“Today’s order means that while we continue to litigate our case, women in Idaho will once again have access to the emergency care guaranteed to them under federal law,” he said.

Idaho Attorney General Raúl Labrador wrote after the ruling that as the case proceeds, the state will be able to enforce its law.

In a statement, he said in part:

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“The Supreme Court sent the case back to the 9th Circuit today after my office won significant concessions from the United States that Justice Barrett described as ‘important’ and ‘critical.’ Today, the Court said that Idaho will be able to enforce its law to save lives in the vast majority of circumstances while the case proceeds. The Biden administration’s concession that EMTALA will rarely override Idaho’s law caused the Supreme Court to ask the 9th Circuit for review in light of the federal government’s change in position… We look forward to ending this Administration’s relentless overreach into Idahoans’ right to protect and defend life.”

Executive Director of the Chicago Abortion Fund Megan Jeyifo said the decision offers a reprieve but does not see the decision positively, and said it creates chaos and confusion.

“The court did not rule on whether EMTALA preempts state bans. So this is not a win. This means that this case will likely come again,” she said.



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Unpacking the Supreme Court’s Idaho abortion decision

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Unpacking the Supreme Court’s Idaho abortion decision


Unpacking the Supreme Court’s Idaho abortion decision – CBS News

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The Supreme Court ruled Thursday that emergency abortions can be performed in Idaho after the opinion was unintentionally released Wednesday. The case focused on the split between Idaho’s near-total abortion ban and a federal law that requires hospitals to provide stabilizing care to patients. CBS News legal contributor Jessica Levinson breaks down the decision, which left key questions unanswered.

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