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Jury finds Guill guilty on five counts

by Adam Herrenbruck/Special to the Inter Lake
| March 19, 2008 1:00 AM

Heron resident Douglas Guill was found guilty of sexually assaulting his daughter while she was between the ages of 6 and 22 Tuesday in Thompson Falls.

A Sanders County jury brought back guilty verdicts on all five felony counts, which included one count of sexual assault, two counts of sexual intercourse without consent and two counts of incest.

"We're all extremely pleased with the verdict," said County Attorney Coleen Magera of her staff's feelings following the verdict announcement.

After the verdict on the first charge was announced by Clerk of District Court Dianne Rummel, Guill immediately turned and stared at his wife, Nicole Guill. Guill's brother-in-law Rick Christensen sat with her, and they listened to the verdict with stone-cold expressions. On the other side of the courtroom, supporters of the victim and her mother - Douglas Guill's ex-wife Candace Guill - issued sighs of relief and smiles. Not present Tuesday were the victim, her brother Jacob Guill and Candace Guill.

The jury brought back its verdict after about three hours of deliberation Monday night and more than seven hours of deliberation Tuesday. Judge Kim Christopher interrupted other court business so that the jury could hand down their verdict.

Magera said her staff had been getting slightly worried because of the length of time the jury had deliberated. "We were beginning to get a little concerned," Magera said. "But it was a complex charging document and it probably took some time to work through all the charges."

Before Guill was handcuffed and led back to the Sanders County Jail, he conferred briefly with his attorney, Mike Sherwood, and then turned back to Nicole and mouthed the words, "I love you."

Nicole Guill (once Nicole Christensen), who spent more than 10 years living with the Guills as Douglas' live-in girlfriend while he continued to be lawfully married to Candace, has also been accused of participating in sexual acts between Douglas and the alleged victim. She has been charged with sexual assault, but her trial has yet to be scheduled.

Douglas Guill first took the stand Friday and spent nearly three hours testifying before court broke for the weekend. He was cross-examined by Dan Guzynski, special prosecutor for the case, on Monday morning, spending another 90 minutes on the stand. Guzynski, formerly a deputy Flathead County attorney, was asked to come in to aid Sanders County in the trial. Guzynski now is Montana assistant district attorney. Magera said Guzynski was a huge help to her staff and that there was no additional cost for his assistance in the case.

"I feel Mr. Guzynski was incredible in this case," Magera said. "He did an incredible job."

On Friday, Guill did not come over as the controlling Christian cultist that his daughter made him sound like during her testimony. Guill feebly answered the questions asked by his attorney, speaking so softly that Sherwood repeatedly told him to speak up so the jury could hear. On several occasions Guill broke down into tears.

Nearly 30 minutes into the questioning, Sherwood said it was time to get down into the "nitty-gritty" and asked Douglas if he had ever had sex with his daughter or if he had ever molested her. Guill answered no to both questions. Later in his questioning, Sherwood said he hated to ask the questions, but did he ever burn the victim with cigarettes, pinch her so hard that it broke blood vessels or make her wear skimpy clothes. Once again, Guill answered no to all the questions.

Sherwood asked him if he was angry with the accusations, to which Guill answered, "no."

"I'm probably hurt and sad more than anything," he said.

Earlier in the questioning, Sherwood asked Guill if he still loved the victim. His answer of yes was barely audible as he broke down in tears.

Guill first started crying when Sherwood asked him if he could explain a card to him from Candace and the victim. Through tears, he said it was a thank-you card to him from them after the two had spent a weekend in Missoula. Earlier in his testimony, Douglas had said the two were free to leave the property. He said that all he required of his daughter to leave the property was that she take his cell phone with her and also his credit card in case she ran out of gas.

Guill started to cry again when he had to explain to the jury the letter addressed to him from the victim after she moved to Sandpoint, Idaho. He said he found the letter Sept. 11, 2006, in an empty closet because the victim had taken all of her clothes. He said he immediately called Candace to see if she knew about his daughter leaving.

After Guill's testimony finished up, Sherwood called Sanders County Deputy Chad Cantrell, who took the stand for a few brief questions and then Sherwood abruptly rested the defense. During rebuttal, new and old witnesses took the stand, most for only a few moments, including Cantrell again, Deputy Martin Spring, the alleged victim, the alleged victim's former supervisor at a hotel in Sandpoint, and Candace Guill.

During closing statements Monday, Sherwood thanked the jury for their patience and told them there were enough inconsistencies in testimony, coupled with a lack of physical evidence, that they should seriously doubt Guill is guilty.

"This is a criminal trial and we are talking about proof beyond a reasonable doubt here," Sherwood said.

Guzynski pointed out to the jury that many victims of sexual abuse do not come forward right away and that the victim should not be held in scrutiny just because she can't remember every little detail of the past 17 years.

"What I see is a situation where the waters are trying to be muddied by the defense attorney," Guzynski said. "There've been inconsistencies on both sides."