Defense seeks dismissal of lewd conduct case
KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 9 months AGO
SANDPOINT - Counsel for a Naples man charged with six counts of lewd and lascivious conduct is seeking to have the grand jury indictment dismissed, court records show.
Serra Woods argues that Ernest Ray Johnson's case should be dismissed because the grand jury proceeding was "fraught with fundamental errors from its inception until the indictment was returned."
A hearing on the motion is pending.
A grand jury indicted Johnson and his wife, Heidi, on the lewd-conduct charges last year. Heidi Johnson's parents, Frank and Diane Hankey, were also indicted on a similar set of charges.
The charges stem from allegations that the couples sexually abused children from 2008 to 2012.
Woods contends three of the counts should be dismissed outright because there is insufficient admissible evidence. The defense further contends that jurors admitted knowing the defendants or the victims and expressed bias.
Another juror, meanwhile, expressed concern about the dearth of physical evidence that could be used to corroborate the alleged victims' testimony. Photos and videos were allegedly taken when some of the abuse occurred, according to court documents.
Woods said the prosecution allowed the introduction of inadmissible evidence and hearsay testimony from Idaho Department of Health and Welfare caseworkers. The state also neglected to instruct jurors on the elements of the offenses, Woods added.
A hearing on the motion to dismiss is pending.
The Johnsons are scheduled to be tried next month in 1st District Court. The Hankeys are set to be tried in May.
ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK
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