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Witness affirms recantation in lewd conduct case

KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 9 years, 6 months AGO
by KEITH KINNAIRD/Hagadone News Network
| July 16, 2015 9:00 PM

SANDPOINT - A Boundary County teen who recanted allegations that she and her siblings were sexually abused by a couple in Bonner County testified on Tuesday that she fabricated the allegations.

"None of my statements from earlier are true," the teen told jurors during the trial of Ernest Ray Johnson III in 1st District Court.

Those statements at a grand jury proceeding implicated Johnson's wife, Heidi, in addition to Heidi Johnson's parents, Frank and Diane Hankey.

Both couples were ultimately indicted on multiple counts of lewd conduct.

The teen's testimony factored into the conviction of Heidi Johnson on three counts of lewd conduct during a jury trial in April. But the teen recanted her testimony a few days before Heidi Johnson was to be sentenced.

Counsel for Heidi Johnson is seeking a new trial. She is free on $10,000 bail while the motion for a new trial is pending.

The teen, 15, told jurors on Tuesday that she concocted the false testimony at the urging of her foster mother.

"I was never sexually or inappropriately touched," the teen testified on Tuesday, reaffirming remarks she made in a post-recantation deposition.

Bonner County Prosecutor Louis Marshall questioned whether the about-face was in response to being disciplined by her foster mother for stealing money and a desire to live with a relative whose home had a "party atmosphere."

The teen denied those implications.

Marshall also questioned detailed allegations the teen made against Adam Michael Pugh and Kathryn Leanne Howard, who are awaiting trial on lewd conduct and child pornography charges. Marshall noted that the teens' allegations were made long before the couple was charged.

"It's basically just a coincidence?" asked Marshall.

The teen said it was indeed a coincidence.

Most of Tuesday's testimony on Tuesday involved the state's expert witness, Dr. Joyce Gilbert, a longtime Sandpoint pediatrician who now practices in Washington state.

Gilbert told jurors that she examined the teen and four of her siblings and concluded that two of them - the teen and a younger sister - had been sexually abused based on disclosures they made and examinations of their genitalia.

Gilbert's determinations intentionally sidestepped the question of who inflicted the alleged abuse.

Ernest Johnson's counsel, Jerri Lynn Brooks, sought to undermine Gilbert's expert witness credentials by pointing out to jurors that she's not a board-certified child sex abuse pediatrician.

Gilbert, however, counted nearly three decades of experience in examining victims of child sex abuse and ongoing medical education in the field. She added that the certification guidelines changed in 2011, when such pediatricians were required to undergo a three-year fellowship program.

Brooks also questioned whether Gilbert was biased because she has known the children through her practice before the troubling allegations emerged.

Gilbert said her relationship with the children was no different than any other patient/doctor relationship she'd formed and that it was not a social relationship.

"My relationship with these children felt the same as with many, many other kids," said Gilbert.

A jury of eight men and six women will resume hearing the case today. Two jurors will be picked as alternates prior to the commencement of deliberations.

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ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK

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