Charge of sexual assault dismissed

Monday, June 7, 2004 | 9:18 a.m.

The most serious charge facing a 21-year-old man accused of molesting two young girls was dismissed without prejudice by District Judge Donald Mosley on Friday.

John Misseldine, 21, was originally charged with one count of sexual assault and two counts of lewdness, but will now face only the lewdness charges.

An 8-year-old and a 4-year-old girl alleged they were molested while their aunt was in adult education classes at a Church of Jesus Christ of Latter-day Saints chapel.

The sexual assault charge alone would have carried a sentence of 20 years to life.

Misseldine's attorney, Robert Draskovich, successfully argued that Deputy District Attorney Becky Goettsch wrongly used testimony from the aunt describing what one of the children had told her.

The law allows statements made by a child under the age of 10 describing sexual abuse to be used in court if certain conditions are met.

Draskovich said the basis for the sexual assault charge came from testimony given by the victim's aunt, but that the conditions for using that testimony were not met.

"The girl testified before the grand jury, but never testified on the sexual assault, or was even asked about it," Draskovich said. "Instead the aunt was brought by the state who said the girl told her two weeks later this happened."

Draskovich said without the aunt's testimony there was no basis to charge Misseldine with sexual assault.

Authorities say the charges stem from a May incident that occurred at a LDS chapel off Christy Lane.

Misseldine, of Little Rock, Ark., is out on $35,000 bail and is living in Salt Lake City.