Man, 38, guilty of sex crime
By KRISTI ALBERTSON/Daily Inter Lake
After five hours' deliberation, a jury found Jason Lee Newberry guilty of sexual assault Thursday.
The jury found Newberry, 38, not guilty of sexual intercourse without consent.
Newberry, who lives in Evergreen, was accused of molesting a now 10-year-old girl. He pleaded not guilty in April to one count of sexual assault and one count of sexual intercourse without consent, both felonies.
His sentencing for the sexual assault charge is scheduled for 9 a.m. Feb. 26. He faces a minimum of four years and a maximum of 100 years in prison and may be fined as much as $50,000.
Before his sentencing takes place, Newberry must complete a sexual-offender evaluation.
Newberry testified Thursday, the fourth and final day of his trial. On the stand, he denied every accusation the alleged victim reported to authorities, which ranged from kicking her in the ribs to sex acts and inappropriate touching. He acknowledged that he is a drug addict, and though he says he has been clean for the past several months, he said he was an active user during times when the alleged abuse took place.
When defense attorney Carolyn S. Gill asked Newberry whether he could have abused the girl while he was high, Newberry replied, "Heavens no, ma'am."
"There is no possible way I could have done this' to the girl, he said.
The trial went to the jury Thursday afternoon after testimony by Newberry and the girl's mother, and after the attorneys' closing arguments.
In her closing statement, Gill said the girl had made up the story to get attention. She'd first disclosed the alleged abuse to classmates at recess, and she liked their shocked responses, Gill said.
"This was, she saw immediately, an ideal way to get some attention," Gill said.
The situation snowballed when adults found out about the alleged abuse, she added.
The girl "was not telling the truth," Gill said. "She got caught in this net.
"Is she a monster? Absolutely not. Of course not."
Gill questioned the girl's credibility, pointing out discrepancies in statements she made on the witness stand Monday and answers she'd given in interviews with Flathead County sheriff's Detective Cmdr. Jeanne Landis.
Gill also said some of the girl's testimony Monday appeared to have been coached, an accusation Deputy Flathead County Attorney Lori A. Adams rebutted.
Adams defended the girl's credibility, stating that her ability to provide specific details about the alleged abuse was evidence that she has been telling the truth.
"It's very hard to incorporate those kind of details into things that did not personally happen to you," Adams said.
Prosecutors alleged 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 has been incarcerated throughout the duration of his trial, which began Monday.
Reporter Kristi Albertson may be reached at 758-4438 or by e-mail at kalbertson@dailyinterlake.com