Sexual assault trial ends with hung jury

After nearly five days of testimony and six hours of deliberation, the jury could not return a verdict in the trial of a Plains man accused of sexually assaulting an underage, physically disabled girl.

The jury told Judge Deborah Kim Christopher at 3 p.m. Friday that they would be unable to reach a consensus, even if they spent more time deliberating.

Robert Brodie was charged with felony sexual intercourse without consent. The alleged victim was between the ages of 15 and 17 at the time of the offenses.

The alleged victim, now 18, testified from her wheelchair on July 6, describing vivid details of the alleged sexual abuse.

“I had nightmares,” she said. “I would wake up crying and would see him in my dreams and could feel him doing things to me.”

Her mother also took the stand and said she felt uncomfortable with Brodie and her daughter's relationship after she saw them sitting close together on a couch. Her daughter first told her about the alleged crimes on January 15, 2007. Four days later, medical staff at First STEP Resource Center, part of St. Patrick Hospital in Missoula, conducted a physical examination and interview with the victim. First STEP handles sexual assault cases. About 80 percent of their clients are children.

Nurse practitioner Mary Pat Hansen was the first person to interview and examine the alleged victim. Hanson said her behavior seemed appropriate for someone who had gone through sexual assault. During the physical examine, Hansen found healed injuries around the alleged victim's vaginal region. She said that the injuries came “from a history of blunt forced penetrating trauma” that didn't happen in cases of consensual sex. Hansen also said the injuries were not self-inflicted.

The state then called two women who the victim had allegedly spoke to about the abuse. Nina Thompson, taught a class for young women at the Church of Jesus Christ and Latter Day Saints. Thompson said that near the end of December 2006 she gave a particular class about the temples and how individuals could not be admitted into the temple if they had sexual relations with anyone other than their husband.

She said the alleged victim came to her after class, visibly upset, and told Thompson that she would not be allowed in the temples because of the alleged abuse.

The alleged victim confided in Wendy Starkey, a Plains school counselor. Starkey worked with the alleged victim with her physical therapy and counseling. She said that at one point the alleged victim told her that she had been abused, and Starkey immediately contacted Social Services.

Martin Spring, a deputy with the Sanders County Sheriff's Office, was the investigating officer in the case. He has 1,077 hours of sexual assault training. Spring was the first person to interview Brodie in 2007. He read parts of a transcript from an earlier interview with Brodie as part of his testimony in the trial.

Spring said Brodie denied the allegations but did admit to touching the alleged victim's breasts accidentally when he was helping her out of the shower. According to the transcripts, he denied touching any of her private areas “intentionally.”

Before the defense began their case, Putikka filed a motion for a mistrial because the bailiffs saw three jurors speaking with one of the prosecution's witnesses. After questioning each of the jurors, Christopher denied the motion because the jurors said their conversation was about one of the jurors being new to the area and the real estate market in Sanders County.

“I have concerns when there is conduct of any sort, however court is not going to grant a mistrial,” Christopher said. In western Montana, she explained, common courtesy is held in very high regard and the jurors had probably started the polite conversation during the brief morning recess without thinking.

Putikka then said that he felt his client was “not getting his constitutional right to a fair trial and the presumption of innocence.” Christopher said his statement was noted, but continued on with the trial.

The defense arguments centered around Brodie's good character. Some of the witnesses said the alleged victim had been sexually assaulted by someone else. Sally Minor, a woman who was an acquaintance of Brodie and his wife, knew Brodie and the alleged victim. Brodie's wife used to help Minor with her physical therapy. Minor said that during some of her physical therapy sessions, the alleged victim was also there to get physical therapy for her disability. During one of these sessions, Minor said the alleged victim told her that one of her mother's boyfriends had abused her.

The defense also called John Hewitt, who used to live in Plains but now lives in Kalispell. Hewitt was a music teacher for the Plains Public School district. He said he gave the alleged victim private lessons, and through those became friends with Brodie. He said that since he and Brodie were both musicians they were able to bond. Because of their friendship and because of the alleged victim's disability, Hewitt asked Brodie to become a chaperone on band and choir trips.

Hewitt said he liked his student. “Any teacher would love to have a whole room of [her],” he said. Despite his good opinion of the alleged victim, he said didn't believe that Brodie could have done what she was accusing him of.

Gene “Easy” Rider of Thompson Falls testified that he had been friends with Brodie for a little over 10 years. He also knew the alleged victim. Rider testified that Brodie and the alleged victim had an amazing relationship and seemed to genuinely enjoy one another's company. During the time Rider and the alleged victim spent time together, Rider said she opened up to him about the abuse she had suffered as a child.

“She told me that either her father or her step-father had made her ‘not a virgin,'” he said. “She also said that someone else in her house, probably one of her mom's boyfriends, had exposed himself to her.”

Rider said he was shocked by the disclosure and was also surprised by how verbal the alleged victim got when discussing her mother.

“She really said some things that I didn't think someone of her age should be saying about her mother,” Rider said.

Rider also testified that he never saw anything but a healthy relationship between the alleged victim and Brodie. “That girl just seemed to have a great time with him.”

The county sttorneys office said that they are expecting to refile for a new trial in the coming weeks.