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MPD: No bias against defendant in sex abuse case

Lillibridge

An alleged victim’s cell phone which may have recorded a sexual assault by a relative was central to Tuesday’s deliberations in the trial of a man in Marshall County District Court.

In the fifth day of the trial, Marshall County prosecutors called four witnesses to support allegations against Todd Phillip Lillibridge, 49, a relative of the victim. Two witnesses were Marshalltown Police Department officers.

Detective Dawn Blahnik was in charge of the investigation and Lt. Tricia Thein, who oversees the detective division, was at the residence when Blahnik executed two separate search warrants in the case.

The first search warrant was executed Sept. 12. Blahnik testified she had applied for and received approval from a judge to search and seize bedding, pillows and towels which could link the defendant to the crime or exonerate him. Crime Scene Technician Cortney Watson accompanied Blahnik to the Lillibridge home on the two searches to identify evidence.

Assistant Marshall County Attorney Luke Hansen used opening questions to identify Blahnik and Thein as trained and skilled professionals who followed law enforcement protocol in seeking evidence to find the truth.

Blahnik has 12 years experience in law enforcement. She has worked 18 months as a detective who specializes in domestic abuse and sexual assault cases.

Thein has 23 years in law enforcement, of which 17 has been with the MPD. She has been promoted through the ranks to her current position.

During testimony, Blahnik said the second search warrant allowed her and authorities to look for a cell phone initially seen in the victim’s bedroom during the first search warrant effort.

The phone may have recorded sexual abuse against the victim, according to testimony, and it couldn’t be taken during the first search since it was not listed on the warrant.

However, no phone was found in the victim’s bedroom during the second search.

Defense attorney Chad Frese questioned Blahnik and Thein, looking for alleged inconsistencies and possible bias on search warrant procedures and their efforts to seize other evidence. Co-counsel Jennifer Frese has said throughout court proceedings that prosecutors were trying to make a case against their client.

“What happened is the state started with an allegation (by the victim) and they did whatever they could to prove that allegation true. And when you look at this case and the evidence, what I ask you to do, is to look at the allegation, look at the attempts the state made to prove that allegation true in deciding whether or not there is reasonable doubt,” Jennifer Frese said.

In the prosecution’s opening remarks, Marshall County Attorney Jennifer Miller said the state would prove the defendant committed one count of sexual abuse in the second degree charge and two criminal counts of sex abuse in the third degree.

The 15-year-old victim testified last week the defendant may have initiated sexual abuse starting in kindergarten and continued over the years with the most recent incident being the evening of Aug. 30, 2018. On Aug. 31, the victim told educators and support staff of the alleged sexual abuse and Marshalltown police were notified later that day.

All of the incidents occurred in the family home. The victim also alleged the defendant periodically used handcuffs and a sex toy during the acts.

Shortly thereafter, Lillibridge was charged with the three counts and turned himself in at the Marshalltown Police Department. He was later taken to jail and released after posting $50,000 cash or surety bond.

On Tuesday, Judge John Haney adjourned court for the day approximately two hours early since a number of jurors had personal commitments.

The trial resumes 9 a.m. Wednesday in the Max Building’s temporary courtrooms.

It was unclear when the trial will be concluded.

——

Contact Mike Donahey at

641-753-6611 or

mdonahey@timesrepublican.com

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