SANDPOINT — The Idaho Court of Appeals is rejecting an appeal filed by a Bonner County man convicted of lewd conduct over the use of a facility dog during his trial.

Counsel for Elijah Zachriah Nuss objected to the use of the courthouse dog, Ken, prior to his trial in 1st District Court in 2017, but the objection was overruled. The case proceeded to trial, where jurors were instructed to disregard Ken, a Black Labrador/golden retriever mix, if they happened to catch sight of him.

Ken has been a Bonner County facility dog since 2015. He is specially trained and used as a calming presence, particularly for younger witnesses who are uncomfortable with testifying or the rigors of a court proceeding.

During a recess before the alleged victim took the stand, Ken’s handler situated the dog under the witness’s seat and the handler took a seat behind the witness stand. After the teen’s testimony, the court excused the handler and allowed the facility dog to exit the courtroom in the jury’s presence.

Nuss appealed his conviction, arguing that the presence of the dog and its handler was prejudicial and deprived him from receiving a fair trial. Counsel for Nuss maintained that the dog would make the victim appear more vulnerable and give her testimony more credence and emotionality. The presence of the handler, meanwhile, added credibility to the victim’s testimony, the defense argued.

The appeals court, however, found there was no indication that the dog’s presence actually caused prejudice, according to a six-page opinion released on Thursday. There was no record of Ken causing a disruption, distracting jurors or witnesses or misbehaving.

“Absent such a record, we cannot conclude the district court abused its discretion by allowing the facility dog’s presence,” appellate Judge Amanda K. Brailsford wrote.

The appeals court further ruled that the presence of Ken’s handler did not cause prejudice and noted that the defense did not object when the court decided to allow the dog to exit the courtroom in the jury’s presence to avoid another recess.

The jury convicted Nuss of lewd conduct for having sex with a 14-year-old girl in 2014. Nuss has maintained his innocence throughout the proceedings, court records show.

Nuss, 37, is serving a seven- to 15-year sentence at the Eagle Pass Correctional Facility in Texas due to overcrowding in Idaho prisons, according to the Idaho Department of Correction. He becomes eligible for parole in 2024.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.