CASPER — Defense lawyers for a former-award winning foster parent Tuesday asked a Natrona County District Court judge to acquit their client of 11 of 20 child sexual abuse charges Tuesday, and the prosecution and judge responded by throwing out one of the charges.
Defense attorney Devon Petersen argued Tuesday afternoon after the prosecution rested its case that several of the charges against Steven Marler contain the same factual allegations and the repetitive language meant some of the charges did not meet Wyoming statute requirements and case law regarding “mutual exclusivity” of certain sex acts.
“Evidence of intrusion cannot be considered evidence of (sexual) contact,” Petersen said. He walked the judge through 10 of the charges against Marler where a single alleged incident was used to bring two or three charges with different degrees of sexual abuse — but all had the same charging language.
Natrona County Assistant District Attorney Brandon Rosty said the state charged Marler using the same language, offering “alternatives” for the different incidents.
Rosty agreed that some of the language would not meet state legal requirements for some of the charges. He said the state would amend its charging language and told the court that it would move to acquit Marler of one the 20 counts where the alleged actions did not correlate with the charging language and testimony.
Judge Kerri Johnson said she would acquit Marler of that particular charge and would wait for a motion to amend the information that lists the charges. She told Rosty that she also wanted a brief on how amending the charges against Marler would not prejudice the defense.
“There is ample case law to allow the state to amend the information,” Rosty said.
Separately, Petersen asked the judge for a “judgment of acquittal” for a count that involved an alleged rape that was charged as sexual abuse of a minor in the first degree.
Petersen said the law for the charge states that the person committing the abuse has to act “knowingly.” He said testimony from the adopted daughter described sexual contact between her and Marler as “accidental.”
Rosty argued that the incident was about “sexual gratification” and should “proceed to the jury.”
Johnson said she would make a ruling on the issues by Monday.
What About That Taped Conversation?
Defense attorney John Hummel also asked the court to consider allowing a 7-minute taped conversation between one of the adopted daughters and a guard at the juvenile detention facility where she spent some time. The daughter is one of those alleging Marler sexually abused her.
Hummel said the conversation would show the daughter lied about whether she had a child and was a mother.
Hummel said it would be used to show the jury a “character trait” about the woman.
Rosty argued that the conversation had “no relevance” to the case against Marler. The judge agreed with Rosty.
The defense plans to open its case Wednesday and Petersen listed Marler’s biological children, a Department of Family Services caseworker, Marler’s mother, an expert witness and potentially Marler himself as witnesses for the defense.
Petersen said the defense’s case would take two days — potentially three.
Prosecution Rests
Rosty rested the prosecution’s case Tuesday at noon on day five of the trial following the testimony of a University of Wyoming expert on sexual abuse.
Prosecution witnesses included two foster daughters and two adopted daughters of Marler who testified about sexual encounters with him that involved in some instances him removing their clothes and touching them sexually, and in two counts raping them during their stay at the Marler residence on top of Casper Mountain.
Other adopted children and former foster children testified to a culture of discipline, sometimes group punishment, a lack of food, and physical abuse.
One son testified Monday to being kicked off the metal roof of the Marler home by Marler and cutting his leg on jagged metal on the way down and another testified to having his face planted in the snow and rubbed until it bled for moving a table to a Marler biological daughter’s house and not shoveling snow.
Testimony was also given Monday about Marler hitting one of his adopted daughters in the face and possibly breaking her nose.
With the acquittal of a sexual abuse of a minor in the second degree charge on Tuesday, Marler still currently faces two counts of first-degree sexual abuse of a minor, six counts of second-degree sexual abuse of a minor and 11 counts of third-degree sexual abuse of a minor. He also is charged with five counts of battery and one count of child endangerment. The time frame for the allegations spans a decade, from November 2012 to June 2022.
Johnson told members of the jury before dismissing them at noon that she expected to give them the case next week.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
