Hung jury and mistrial in case of Pocatello man charged with child sex abuse
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POCATELLO — The trial of a local man accused of child sexual abuse has ended in a hung jury and, ultimately, a mistrial.
The trial for Dean Stuart Anderson, 39, charged with two counts of lewd conduct with a minor, lasted four days. The jury deliberated on Anderson’s case for around eight hours before deciding they couldn’t reach a verdict.
Now a retrial has been scheduled, and the state and defense will argue their cases again.
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Earlier in the day, the prosecution and the defense offered their closing arguments for the case.
In her closing arguments, Bannock County Prosecutor Erin Tognetti affirmed the juvenile victim in the case had been consistent in her testimony and her recounting of the abuse. She also asserted that Defense Attorney Justin Oleson had been asking the child questions in a manner to confuse her.
“The victim gave you a lot of details. Mr. Oleson tried to make it appear as though any slight deviation in anything she said about something that happened two and a half years ago when she was nine years old makes her a liar,” Tognetti said.
During his statements, Oleson made the case that the victim had lied before on minor things, which showed that she would be willing to lie about other issues. He also asserted that the victim had made allegations because she wanted Anderson out of the house.
“The victim has had trauma her whole life. We also know (she) doesn’t tell the truth. Lies can flow out of her tongue just like that,” Oleson said.
Tognetti referenced the testimony of Cassidy Roske, program director at Bright Tomorrows Child Advocacy Center, who conducted the forensic interview with the victim. She said Roske could tell she was accessing memories because of the sensory details she brought up.
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Oleson questioned why there were details from the alleged sexual abuse that the victim couldn’t remember.
“When you talk to someone who’s been sexually abused, they remember those details vividly like it is a painted picture no matter how old they were,” Oleson said.
Tognetti said that in the victim’s testimony, she could pinpoint exactly how she and Anderson were positioned when she was assaulted.
“Did she hesitate? Did she go, ‘Uh, let me think?’ She told you exactly where she was,” Tognetti said.
Tognetti also pointed out that the victim was able to bring up sensory details about taste and smell.
“If a child is going to make up something, as Mr. Oleson contends, just to get him out of the house, is she going to think up all of these details?” Tognetti said.
Oleson referenced how he questioned the victim on the stand and asked her if she’d ever been diagnosed with PTSD and how she responded that she hadn’t because her mother couldn’t afford it. He pointed out that the victim’s mother later confirmed that she had been diagnosed.
“That just rolled right out, and we know that wasn’t true,” Oleson said. “Call them little lies, fine, but they’re still untruths. So if you’re going to let the little lies roll out, isn’t it just as easy that something else rolls out?”
Tognetti said the victim has consistently recounted the events and that Oleson “tried to twist” events up when asking questions.
“Really all the things he tried to get her on to prove that she’s been lying actually proved that she’s been consistent from day one,” Tognetti said.
Oleson also questioned why the victim hadn’t told Anderson no when the alleged abuse occurred. He referenced the two other times in her life when they knew she was sexually abused.
“She should’ve been taught that by her mother, by the counselors after these other two incidents which we know happened,” Oleson said.
Tognetti said this alleged abuse occurred “because (Anderson) was a father figure in the household. Because he’s a big man, certainly a lot bigger than a nine year old child. Because he had a temper. It doesn’t matter. Asking a 12-year-old why didn’t you say no is just something you don’t do,” Tognetti said.
Now Anderson’s trial has ended in a hung jury; his case will have a retrial on Nov 14.