Lillibridge

The 15-year-old alleged victim in a felony sexual abuse case testified against the defendant, a relative, Friday.

The testimony from a remote location lasted nearly 90 minutes. Judge John Haney, defense counsel Jennifer Frese, prosecutor and Marshall County Attorney Jennifer Miller and a court reporter were at the remote location. Having sworn to Haney to tell the truth, the prosecution-sponsored testimony by the teen was transmitted live to jurors, court officers and others to the temporary courtroom in the MAX building.

When questioned by Frese and Miller, the victim repeated allegations against relative Todd Phillip Lillibridge, 49, of Marshalltown. The victim said he may have begun the sexual abuse during kindergarten and on numerous occasions over the years. The victim also alleged he periodically used handcuffs and a sex toy during the abuse.

During testimony, the victim talked about confiding in a fellow high school student and friend about the sexual abuse.

In cross-examining the victim, co-counsel Frese questioned numerous inconsistencies in the testimony made in a deposition prior to trial. Frese also claimed there were numerous inconsistencies in statements the victim made to Ames police, educators and student advocates.

Those depositions took place Aug. 30 of last year, when the victim revealed sexual abuse by Lillibridge that occurred the night before. Shortly thereafter, Lillibridge was charged with one count of sexual abuse in the second degree and two counts of sexual abuse in the third degree by Marshalltown police.

Lillibridge turned himself into police and was taken to Marshall County Jail where he later posted a $50,000 cash or surety bond before being released. He has remained free on bond while attending all court proceedings.

In testimony, the victim said Lillibridge was told to stop during the abuse, but he said to “shut up.” After the Aug. 30 report, the victim lived with other relatives for one week, later lived with a friend’s family and was then placed in a foster home.

DNA expert

Earlier Friday, defense-sponsored witness and DNA consultant Michael Spence of Las Cruces, New Mexico testified and alleged that there was bias by Watson in an email to Gaffne about the latter not finding evidence on an item during a DNA test. He further claimed Gaffne was incomplete in her report linking semen to Lillibridge found on evidence secured during a MPD-executed search warrant. Lillibridge’s DNA and other physical evidence found on the victim’s bed is critical to the prosecution’s case. In her cross-examination, Miller challenged Spence saying he has testified exclusively for the defense in numerous trials, and that he had not personally conducted some of the tests made by the state and a Missouri-based lab contracted by the state.

The trial

Friday marked day four of the trial which began Tuesday when the jury was empaneled. On Wednesday, jurors heard testimony from Ames Police Detective Addie Johnson, Marshalltown Police Department Crime Scene Technician Cortney Watson and Iowa Department of Criminal Investigation Criminalist Jennifer Gaffne.

On Thursday, prosecutors Miller and Assistant Marshall County Attorney Luke Hansen filed a motion for mistrial. Miller claimed email correspondence between Watson and Gaffne, along with their testimony during cross-examination by the defense, entered into evidence was prejudicial. Haney denied the request, but amended the ruling to admissibility of the last three pages of emails included in the exhibit.

Before dismissing the jury for the day on Friday, Haney told them the trial would resume Tuesday and continue through Wednesday.