Prosecution rests in child molestation trial

By NICHOLAS LEDDEN/Daily Inter Lake

Prosecutors on Tuesday rested their case against Jason Lee Newberry, accused of molesting a now 10-year-old girl, after calling to the witness stand several of the alleged victim's classmates and the detective who conducted the forensic interview.

According to testimony, the girl first disclosed the alleged abuse to several of her classmates during recess.

"She wanted to keep it a secret, but I thought it was bad so I told the teacher," said one of the girl's classmates.

Deputy Flathead County Attorney Lori A. Adams also called Flathead County Sheriff's Detective Cmdr. Jeanne Landis, who conducted the alleged victim's forensic interview.

Landis - who helped found Flathead County's multidisciplinary team, which takes a comprehensive approach to investigating sex crimes against children - explained to the jury how interviews with child victims or witnesses are conducted.

"I haven't had a trial yet where a child hasn't had additional information," she said.

Jurors were then shown the entire 40-minute video of Landis' interview with the alleged victim.

On cross-examination, Landis defended the integrity of her interview with the alleged victim.

"There was no interview taint … if that's what you mean," said Landis in response to defense attorney Carolyn S. Gill's questions.

Gill pointed out that there are common motives to fabricate disclosures of sexual abuse, such as dislike, revenge, seeking attention or excluding someone from the home.

And a lack of corroborating evidence to the abuse makes it impossible for the jury to conclude the disclosure is absolutely true, she argued.

Today, Gill is expected to call an expert witness to testify about the unreliability of a child's memory and how suggestion or leading questions by investigators can influence a child's disclosure of alleged abuse.

Gill told the jury Monday that the case ultimately would come down to the competing credibility of Newberry and his alleged victim.

The victim testified Monday in graphic detail to the alleged abuse. Newberry is expected to testify today.

Prosecutors allege Newberry inappropriately touched the girl numerous times and forced her to perform other sex acts. The molestation occurred from January 2002 to June 2007, beginning when the girl was 3 and still in diapers, according to testimony.

Newberry, of Evergreen, maintains his innocence, Gill said. He pleaded not guilty in April to one count of sexual intercourse without consent and one count of sexual assault, both felonies.

Newberry has been incarcerated throughout the duration of his trial, which began Monday and is expected to last through today. If convicted on both counts, Newberry could face up to 200 years in prison and a $100,000 fine.

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