Sex abuse trial delayed again
David Cole | Hagadone News Network | UPDATED 13 years, 8 months AGO
COEUR d'ALENE - The sexual abuse trial of a 48-year-old Coeur d'Alene man that was scheduled to start this month will be continued to later this year, following a hearing Thursday. The alleged incidents date back to May 2008.
Garry K. Widmyer is charged with one count of lewd conduct with a child and one count of sexual abuse of a child. Widmyer is accused of fondling two junior high school age girls, friends of his daughter, at his home east of Coeur d'Alene. The girls were 12 and 13 years old at the time of the alleged incidents.
He has pleaded not guilty and isn't in custody. He was tried in February 2010 for the alleged offenses, but the jury deadlocked after three hours of deliberations and District Court Judge Charles Hosack declared a mistrial.
The case was re-filed by prosecutors, and District Court Judge Benjamin R. Simpson took over the case.
Simpson on Thursday told attorneys for both sides to find dates for what is expected to be a roughly five- to seven-day trial they can agree on and forward the dates on to him.
"We're going to set the trial (date) in stone," Simpson said.
Simpson said he needed more time to explore whether he would allow testimony of a prosecution expert witness who would talk about sex offenses and victims.
A mother of one of the alleged victims told Simpson on Thursday that she is concerned about the effect more delays would have on her daughter.
"It's been three years," she said. "We don't know what kind of shape she'll be in" when she is called to testify again. Both girls, who are 15 years old today, have been diagnosed with post-traumatic stress disorder.
Deputy Prosecutor Donna Gardner said both of the alleged victims have already testified multiple times.
"They need closure," Gardner told Simpson. She said the prosecution is ready to go to trial this month.
Widmyer's defense attorney, Rick Baughman, of Coeur d'Alene, asked for a continuance.
He said he's not ready for trial this month because he hasn't had enough time to review court transcripts from previous hearings and the previous trial. He also said he's going to be out of the country and won't be able to reschedule until June, at the earliest.
Defense attorneys Martin Neils and Sean Walsh handled the previous trial for Widmyer.