State seeks to spare kids from testifying

Former administrator at Montessori school accused in sex assaults on children

Deputy County Attorney Dan Guzynski hopes to be able to use evidence that typically would be considered hearsay in the child sexual-assault trial of David Farr.

Farr was an administrator at Children's House Montessori School in Whitefish, where he is accused of molesting five boys who were ages 2 to 6. Farr was 36 when he pleaded not guilty to the charges in April.

Guzynski filed a notice of intent to introduce hearsay statements in the trial.

He plans to rely on a little-used exception to the hearsay rule that would allow the children's parents and others to testify about what the boys told them about Farr.

"It is the state's belief that each of the … children will be unavailable to testify in this matter because of incompetence or the trauma that would be inflicted upon them if they had to testify," Guzynski wrote.

The Montana Supreme Court has acknowledged in a prior case the difficulties in cases alleging sexual abuse against young children.

Often, the perpetrator and the victim are the only witnesses to sexual abuse. If the victim is very young, he or she may not be able to recall or relate information about the offense accurately and consistently, the Supreme Court has said.

"If the child is found incompetent to testify, out-of-court statements to relatives, medical personnel or social-services personnel may become an important source" of evidence, Guzynski said.

The Supreme Court has allowed that, though Guzynski is not aware of that happening before in Flathead County.

The state has specific guidelines regarding the children, the witnesses who relate what the children said, and the children's statements themselves.

In this case, Guzynski cited statements allegedly made by the boys, primarily to their parents but also to investigators. Each allegedly disclosed that Farr had touched their private parts and in some cases hurt them.

In one case, according to Guzynski's documents, a physician found scarring on one boy. Another reportedly told a Montessori caregiver that he was scared of school and when the lights are off. Another boy routinely stated that he did not want to go the school. Another said that Farr "was not very nice and that the nap room was not a good place."

Some of the boys made conflicting statements about whether they had been touched inappropriately.

Farr has denied the allegations and is prepared to go to trial. He remains free on $100,000 bond. If convicted of all five charges, he could be sentenced to as long as 500 years in prison.

Charges were filed after an investigation by the Whitefish Police Department, the Montana Division of Criminal Investigation, the FBI, Immigration and Customs Enforcement, the Flathead County Sheriff's Office, Kalispell and Columbia Falls police departments and the Department of Family Services.

The trial is scheduled to start this summer in District Court in Kalispell.