CASPER — People arriving Thursday for the seventh day of testimony in the Steven Marler trial — a former award-winning foster father facing charges of sex abuse, battery and child endangerment — found the doors to the courtroom closed.
Natrona County Sheriff’s Office deputies informed people arriving for the trial that Natrona County District Court Judge Kerri Johnson had closed the courtroom to everyone but attorneys in the case to deal with legal issues.
The trial is scheduled to resume Monday with the defense continuing to present its case.
Among the legal issues raised in the case Tuesday by defense attorney Devon Petersen was the charging language in the alleged 20 sexual abuse of a minor charges that was repetitive over two or three different charges. He argued the language did not meet the specific sex crime criteria of Wyoming law.
He asked that Marler be acquitted of 11 of the 20 sexual abuse charges against him. Assistant District Attorney Brandon Rosty agreed to remove one of the charges because the language in the charging information did not fit testimony in the case. Johnson dismissed it.
Rosty filed information with amended charging language late Tuesday that included the 25 remaining charges, including 19 involving various degrees of sexual abuse of a minor. The charges reflect alleged incidents between Marler and two adopted daughters and two foster daughters between 2012 and 2021.
Rosty also filed a legal brief arguing that the changes to the language did not impact the case.
Prosecutor: Changes Allowable
Wyoming Rules of Civil Procedure “allows amendment of the information any time before sentencing, with the defendant’s consent,” he wrote. “Or any time before the verdict if no additional or different offense is charged and if the substantial rights of the defendant are not prejudiced.”
Rosty cited a Wyoming case, Beaugureau vs. State, where the court allowed an amendment on the day of the trial when notice was given to the defendant and the defendant did not contest the “surrounding events, just the allegations of child abuse themselves.”
In the Marler case, Rosty argued that “whether or not the charging language descriptions are changed does not change the defendant’s case, as the defense argued since the very beginning stages of this case and throughout the trial, the entirety of the events were fabricated by the victims.”
Separately, on Tuesday 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 told attorneys on Tuesday that she would rule on the acquittal requests and whether to allow the amended charging language by Monday.
Defense Case
Meanwhile, initial court documents for the defense in the case contained a list of more than 100 potential witnesses. But the defense seems prepared to nearly wrap up its case after calling three witnesses on its first day. Petersen told the judge on Tuesday that one of his witnesses would not be available until Monday.
Those who have testified for the defense Wednesday included a Colorado mental health counselor whose practice has involved hundreds of foster care children over 30 years. She testified about the challenges of parenting foster children because they are coming from a place in life where they have no control or security, so they tend to try and manipulate to have a sense of control.
A former Wyoming Department of Family Services social worker who worked with Marler and his wife when they started foster care and was assigned as a caseworker to two of the children who were adopted also testified for the defense. She said the Marlers followed the rules in the early years while she was a caseworker – but she also testified that in 2021 she received a phone call from the Marler’s oldest adopted daughter who alleged Marler committed sexual abuse.
Steven and Kristen Marler have three biological children, adopted eight children and cared for many more foster children at times between 2008 and 2021, according to testimony at the trial.
Prosecution Case
Prosecutors rested their case Tuesday morning after presenting four-and-a-half days of testimony from two of Marler’s adopted daughters and two foster daughters who described in detail specific incidents of alleged sexual encounters with Marler.
The 16-member jury panel also heard from adopted sons of the Marlers. One testified to being kicked off a metal roof by Marler and cutting his leg, another of having his head pushed into the snow and rubbed until it bled.
One of the sons also testified to seeing Marler enter the girls’ bedroom when his wife was away and hearing “moaning” from the room.
Testimony from the adopted children at the trial also included descriptions of group punishment that included extended exercises, spankings with a rubber strap, belt or piece of wood, and in one instance being sent out in the snow in pajamas and barefoot to run after none of the children confessed to leaving a ski pole outside.
The prosecution also showed jurors a series of short videos that included Marler receiving a massage from his adopted daughters. Another showed a naked boy who had just received a spanking with marks on his thigh as other children stood in formation.
Final arguments are expected early next week.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
