By Ruth Brown, Idaho Reports
The Idaho Supreme Court issued an opinion Thursday denying the appeal of former legislator Aaron von Ehlinger, who is currently incarcerated for the 2021 rape of a then-19-year-old legislative intern.
A jury convicted von Ehlinger, 42, and an Ada County judge sentenced him to 20 years in prison with eight years fixed and 12 years indeterminate.
On appeal, von Ehlinger claims his attorneys did not ask for a mistrial but should have.
At the time of the trial, prosecution relied heavily on testimony from the forensic nurse who assisted the victim at what was then known as Faces of Hope Victim Center.
This is relatively common in sexual assault cases, in part to save victims from having to face cross-examination. But von Ehlinger claimed he did not get the opportunity to confront his accuser because she abruptly left the courtroom and didn’t finish testifying.
In the written opinion, the court addressed that claim, saying the district court completely struck the victim’s testimony and instructed the jury to disregard it.
“Thereafter, the district court inquired as to whether Von Ehlinger would be seeking a mistrial or bringing a motion for acquittal,” the opinion states. “In response, defense counsel stated that he intended to make a Rule 29 Motion for acquittal.”
At trial, von Ehlinger’s trial attorney never made a motion to strike or dismiss the testimony from the forensic nurse, so the district court never ruled on the issue.
“We conclude that (von Ehlinger) has failed to plausibly dispel the possibility that the failure to object was a calculated and tactical choice,” the court wrote. “Whether such a tactic was wise or misguided is not for us to say in this appeal.”
The court affirmed evidence found for the jury’s decision.
“We conclude that the evidence admitted in the record was sufficient to sustain a finding beyond a reasonable doubt by the jury that Von Ehlinger committed the crime of rape,” the court wrote.
The decision also leaves forensic nurses with some relief, as the Idaho Supreme Court outlined that the nurse’s testimony is more than inadmissible hearsay at trial. Forensic nurses are often called on in sexual assault trials to testify about a victim’s injuries and state of mind after an alleged assault has occurred.
Von Ehlinger remains incarcerated with the Idaho Department of Correction.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.