Missouri man will stand trial for molestation charges

A judge ruled Friday that a Parkville, Mo., man should stand trial for two charges of molesting a young female family member.

Douglas County District Court Judge Michael Malone denied a motion from the man’s attorney, Sarah Swain, to dismiss the charges against her client. Swain had argued the state did not beat the five-year statute of limitations when prosecutors filed the case in May.

Malone heard testimony from the alleged victim, now age 15, in an hourlong hearing and found the state had successfully proved she had no knowledge at the time of the alleged act that it was wrong. That allowed the statute of limitations to not apply because the alleged victim was younger than 15 and unable to determine the acts were a crime.

The girl, who has cerebral palsy, testified Friday she was unaware the alleged incident was wrong until she took a health class at school. She had previously told officers the same.

Swain cross-examined the girl and questioned another family member during Friday’s hearing. The defense attorney argued the girl said she had been taught when she was younger what would constitute inappropriate touching.

But Malone accepted the girl’s testimony she was unaware the act was a crime until she took the health class last year.

The man faces charges of aggravated criminal sodomy and aggravated indecent liberties with a child. He had lived in Lawrence at the time of the alleged crime.

In September, Malone had found prosecutors could use in court the 35-year-old man’s confession to police that he inappropriately touched the girl around the summer of 2000. During the interview in the spring, officers read the man a Miranda warning as a precaution, even though Malone found the law didn’t require it.

After Malone denied the motion to dismiss the case, the man pleaded not guilty to both charges Friday, and Malone set the jury trial for March 8.

The Journal-World generally does not name those accused of sex crimes unless they are convicted.