County: No retrial for Farr

David Farr, who had been accused of child molestation, will not see the inside of another courtroom on those charges.

The Flathead County Attorney's Office filed papers in District Court on Friday, dismissing the remaining charges against him without prejudice.

Originally charged with five counts of sexual assault, Farr, 38, was acquitted on one of them during his June trial. The jury was hung on the other four, leaving open the possibility that prosecutors could retry him on just those charges.

But after talking with jurors, prosecutors decided not to go forward with another trial that would most likely result in another hung jury.

"It was the most difficult decision of my career," said Deputy County Attorney Dan Guzynski, who prosecuted the case. "But I think it was best for the families and for the community. I'm satisfied that it was a correct decision."

It had taken the jury in Farr's trial more than six hours to come back with a verdict.

That jury ultimately acquitted Farr on one count, was split six to six on two other counts, and varied on the final two.

"From these discussions the State has concluded that the State's case against the defendant was extremely persuasive to some members of the jury panel and that these jurors felt strongly that the defendant was guilty," court documents said.

"Conversely, it appears that at least three of the jurors who voted the defendant not guilty were equally strong in their belief that the State did not prove the defendant's guilt beyond a reasonable doubt."

The decision not to retry Farr came after discussions with the alleged victims' families and evaluation of evidence available to prosecutors.

"The State continues to be absolutely convinced that the defendant committed these acts against these five children; however, based on the current evidence that the state has available the State has decided not to retry the case at this time," Guzynski said in court documents filed Friday.

Defense attorneys, however, believe just as strongly that Farr did not do what he was accused of, said Jack Quatman, who represented the defendant.

"I don't think, in my opinion, that this case could ever be proved beyond a reasonable doubt," he said. "They gave it every shot they had and could not convince 12 jurors … of David Farr's guilt."

Farr is a former administrator of Children's House Montessori School. He was accused of molesting five boys between the ages of 2 and 4 in the nap room and offices there. He was the school's administrator from June 2004 to October 2005.

Prosecutors rested much of their case on the disclosures the five boys made to their mothers.

The mothers of all five boys testified at the trial, along with numerous child abuse experts and law enforcement officers.

District Court Judge Stewart Stadler ruled before the trial that the mothers would be able to testify in their sons' places, based on a Montana Supreme Court ruling that allows hearsay evidence in cases involving very young children.

Defense attorneys returned again and again to the lack of corroborating physical evidence, deficiencies in the boys' forensic interviews, and the chance that the allegations were leveled by hyper-sensitive mothers alarmed by a small-town rumor mill.

The County Attorney's Office will still be able to re-file charges against Farr should more evidence come to light.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com