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BOYZ, Idaho – A former Idaho lawmaker was convicted Friday of raping a 19-year-old law trainee after a dramatic trial in which a young woman escaped from a witness stand during testimony, saying “I can’t do this.”
The intern told a Statehouse supervisor that Aaron von Ellinger raped her in his apartment after the two had dinner at a restaurant in Boise in March 2021. Von Ellinger said the sex was by mutual consent.
The Republican from Lewiston was a representative of the state at the time, but later resigned.
Von Ellinger, 39, was found guilty on Friday of rape. He was found not guilty of sexual intercourse with a foreign object.
Von Ellinger sat quietly while the verdict was read, as well as throughout the trial.
Fourth District Judge Michael Reardon then told the jury, “It was an unusual case, accompanied by many unexpected circumstances, but I appreciate your attention … and hard work.”
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Former Idaho State Representative Aaron von Ellinger testified on his behalf during the third day of the Hell County Rape trial, Thursday, April 28, 2022, in Boise, Idaho. (Brian Myrick / The Idaho Press-Tribune via AP, Pool) (Brian Myrick / The Idaho Press-Tribune via AP, Pool)
A conviction for intentional rape carries a minimum sentence of one year in prison in Idaho. The maximum sentence can be up to life imprisonment, at the discretion of the judge. The verdict is scheduled for July 28.
While von Ellinger was detained and handcuffed, he spoke quietly to his lawyer, who took objects from von Ellinger’s pockets.
Former Idaho State Representative Aaron von Ellinger has been released from court after being convicted of raping a 19-year-old law trainee in Boise, Idaho, on Friday, April 29, 2022, after a dramatic trial in which the young woman fled the witness stand. during testimony, saying “I can’t do this.” (James Dawson / Boyce State Public Radio, AP Pool)
The prosecution remained stoic as they left the courtroom, but when they reached the lower floor, they paused to congratulate themselves on the verdict.
Von Ellinger’s lawyer, John Cox, could not be reached for comment immediately after the trial.
The Associated Press generally did not identify people who said they had been sexually assaulted, and identified the woman in the case as “Jane Doe” at her request.
At a news conference, Hell County Attorney Jan Benets thanked the jury, investigators and prosecutors involved in the case.
“Last but not least, it took an incredible amount of courage for the victim in this case, Jane Doe, to come forward,” Bennett said. “I want to acknowledge the courage it took to move forward.”
Dow testified on the second day of the trial. She described stopping the moments when the alleged attack began, before suddenly leaving the Witness Department.
“He tried to put his toes between my legs and I closed my knees,” Doe said.
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And she stood up.
“I can’t do that,” she said, and hurried out of the courtroom.
Deputy Attorney Caitlin Farley spoke with a colleague during the interruption of testimony on the second day of the trial for the rape of former Idaho State Representative Aaron von Ellinger in the Hell County Court on Wednesday, April 27, 2022, in Boise, Idaho. (Brian Myrick / The Idaho Press-Tribune via AP, Pool) (Brian Myrick / The Idaho Press-Tribune via AP, Pool)
The judge gave prosecutors 10 minutes to find her to assess whether she would return and resume her testimony.
When she didn’t, the judge told the jury that they should “throw (Doe’s testimony) out of your mind as if it never happened,” because the defense can’t question her.
During a press conference, Deputy Attorney Caitlin Farley said the moment Doe left the trial was “heartbreaking”, but said she and Deputy Attorney Whitney Welsh had prepared for the trial, knowing Doe could not is able to testify.
“I think it’s important that she decided to go into the room and also decided to go out – that was her choice,” Welsh said.
During his testimony on Thursday, von Ellinger often spoke clearly and loudly directly to jurors, saying he and Doe had decided to return to his apartment to “hang out” after eating. in the luxury restaurant Boise. Then they started playing on the couch, he said.
“Things were going well and I asked (Doe) if she would like to move to the bedroom,” von Ellinger said. She said, “Of course.” We got up, held hands, and went into the bedroom. “
The debate lasted seven hours to almost 20 hours on Thursday, before the jury decided to take a break for the evening. At one point, the judge called the lawyers to his courtroom because the jury asked a question. No details were released about the jury’s inquiry.
When the allegations became public – largely due to an investigation into legislative ethics – Doe faced relentless harassment from some of von Ellinger’s supporters. Her name, photo and personal details about her life have been repeatedly published in “docking” incidents. One of the people who often harassed her was in the courthouse to attend the trial, but police banned the man from the floor where the case is being heard.
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During his closing remarks, Farley told the jury that the case was about “force in the wrong hands” used for Dow’s “great devastation.” Von Ellinger had social, political and physical power over the junior trainee, Farley said.
“He used that force to rape and forcibly infiltrate it,” Farley said, pointing to von Ellinger. Doe resisted in several ways, she said, citing testimony from law enforcement investigators and a sexually assault nurse who interviewed Doe after the alleged assault.
“The words show a lack of agreement. The apology “Why this should not happen” shows a lack of agreement. “Turning your head back and getting injured shows a lack of consent,” Farley said.
But von Ellinger’s lawyer told jurors that the prosecution’s case was made up of “red herrings” and said von Ellinger was a reliable man who was willing to take a stand to share his side of the story.
Investigators and the sexually assault nurse testified earlier this week. They said Doe reported being pressured while von Ellinger forced her to have oral sex, and that she knew he often carried a gun and placed it on a chest of drawers near the bed during the attack. The nurse also testified that Doe had a “goose egg” on the back of her head from hitting a wall or backgammon as she tried to pull her head away from von Ellinger’s grasp.
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