Tuesday, April 6, 2004 | 9:53 a.m.
The attorney for a man accused of molesting two young girls asked a District Court judge Monday to throw out the most serious charge.
John Misseldine, 21, is charged with one count of sexual assault and two counts of lewdness. The allegations involve a 7-year-old and a 4-year-old girl while their aunt was in adult education classes at a Church of Jesus Christ of Latter-Day Saints building.
Robert Draskovich, Misseldine's attorney, argued that the state had no basis to charge Misseldine with sexual assault and that the grand jury indictment relied on hearsay to justify that charge. The sexual assault charge alone carries a sentence of 20 years to life.
Misseldine maintains his innocence on all counts, Draskovich said, and questions the validity of the children's testimony. Draskovich argued that the case should have gone through a preliminary hearing or that a District Court judge should have more carefully considered the testimony of the 7-year-old prior to the grand jury's hearing of the case.
The hearsay in question is a statement from the alleged victim's aunt that Misseldine physically penetrated the 7-year-old girl when he allegedly touched her under her dress.
Deputy District Attorney Becky Goettsch said the girl's testimony alone, without the aunt's is enough to justify the sexual assault charge. She also said the sexual assault charge is an optional charge for the jury to decide if they find there is proof beyond a reasonable doubt.
The girl testified that Misseldine rubbed her with his hand underneath her clothing, which Goettsch said was enough to support the charge. Goettsch said the girl, now 8, was too young to be questioned more specifically.
Mosley took the matter under advisement after expressing concern that this issue raised a broader procedural question on how to handle child witnesses.
Authorities say the charges stem from a May incident that occurred at a LDS chapel off Christy Lane in Las Vegas.
Misseldine, of Little Rock, Ark., is out of custody after posting $35,000 bail and is living in Salt Lake City.
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