Arguments were heard Thursday in the trial of local lawyer Estes Fonkalsrud, who has been accused of sexual assault, inviting to touch in a sexual manner, and contact for a sexual purpose against a minor.
The defendant's lawyer, Aaron Fox, said their position is "straightforward.", much of the evidence is "not credible" and the charges against his client should be dismissed. Fox also stated that the story put forth of the accuser being abducted "fell apart quickly" and that "lies" were apparent in the case when it was proven that the accuser had not been abducted.
Fox pointed out that a mark on the accuser's arm was from a fall and not from being pulled through a window as previously alleged. Defense argued that if the accuser "lied" about being abducted, "lied" about being pulled through a window, "lied" about how she acquired her arm injury, "lied" about being forced into a truck.
Mr. Fox said the accuser, according to his count, said words to the effect of, 'I don't know', 'I can't recall' or 'I don't remember' 119 times during her testimony.
Fox also argued that they "...believe and know there was collusion in this case." He stated that a witness "knowingly un-encouraged collusion," and that there was "false evidence based on discussions. That's what's been presented here." Fox said there was "evidence of fabrication and evidence of lies."
Crown prosecutor Todd Wellsch stated "the case is about many bad choices" but that Fonkalsrud made a "criminal choice." Wellsch went on to say Fonkalsrud's version of events is "not believable."
The Crown's lawyer said Fonkalsrud's testimony "contradicts" others' testimony. However, Wellsch did concede that "the evidence was not without difficulties," and that there were "inconsistencies" in the accuser's testimony.The prosecutor went on to say this "does not mean she [the accuser] is lying." The prosecution did say there were "no inconsistencies with the [accuser's] account of the [alleged] assault."
Wellsch said a witness did admit to "lying" about her initial statement to police with regard to an abduction, drinking, and being asleep, but that the witness was "adamant" she told the truth about someone knocking twice on a bedroom window and that the accuser left the cabin.
Justice R.C. Mills set the date of Thursday, October 25th for the decision.
READ MORE:
Fonkalsrud Takes to the Stand in Trial
Prosecution Finishes Their Case in Trial of Fonkalsrud
Fonkalsrud Returns to Court As the Trial Continues
Sat, Apr 20, 8:15 AM
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