CASPER — The judge in the trial of a former award-winning foster father accused of sexually abusing his adopted and foster children tossed out eight charges against Steven Marler just as the trial is winding to a close.
Judge Kerri Johnson dismissed eight of 19 sexual abuse of a minor charges against Marler in a ruling signed Saturday. Of the 11 counts remaining, two are charged in the first degree, five in the second degree, and four in the third degree. He also faces charges of battery and child endangerment.
Closing arguments in the case are expected Tuesday following a single expert witness who closed the case for the defense on Monday morning. Marler did not take the stand in his own defense.
In the written ruling, Johnson sided with a defense motion made last week to toss certain charges stating that prosecutors, led by Natrona County Assistant District Attorney Brandon Rosty, persisted in keeping language related to specific charges despite the fact that they did not comply with Wyoming law related to sex crimes.
The prosecution’s argument on “alternative theories” and multiple charges for the same alleged sexual assault charged in different degrees would also only bring confusion to the jury, the judge ruled.
She rejected prosecutors’ arguments that they could change the language related to the specific charges at the conclusion of its case last week. Johnson said both she and the defense have raised concerns about the language since a motion hearing in May 2024.
“The state had almost a year to amend the alternative theory charges to comply with statutes,” she said.
Johnson said she would allow the prosecution to amend language on a single charge that involved a foster daughter. It was the only count that involved that particular girl, among the four girls — two adopted and two foster daughters — that account for the sexual assault allegations.
Judge Keeps Charge
Separately, the judge rejected a request by the defense to throw out a charge that involved an alleged rape that was charged as sexual abuse of a minor in the first degree.
Defense attorney Devon Petersen had argued that 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.”
The sex charges, as well as battery and child endangerment charges, all stem from alleged actions involving children in his care between 2012 and 2021.
Meanwhile, a former police detective and now private detective and consultant Travis Peterson of South Jordan, Utah, testified Monday that he believed there were some problems with law enforcement interviews of some of the adopted daughters and foster children in the case.
As an expert in “forensic interviews” of children in which questions are open ended and the technique uses “best-practices” based on research, Peterson said his review of the case showed some failures.
“Interviews by law enforcement were suggestive,” he said. “A lot of question types meet the definition of leading and suggestive.”
He said without the proper interviewing technique child memories can become “contaminated.”
Travis Peterson said appropriate questions and interviews did take place at the Children’s Advocacy Project in Casper but other interviews outside of the center did not follow forensic standards.
Lack Of Interviews Questioned
Travis Peterson also questioned a lack of follow up by law enforcement in getting an interview with a girl who was in the Marler home. According to a statement to law enforcement by a victim, the girl had witnessed a sexual assault.
The girl’s testimony would be important to corroborate the allegations, Travis Peterson said.
Under cross examination by Natrona County District Attorney Dan Itzen, Travis Peterson conceded that as a law enforcement officer there were times that witnesses refused to be interviewed by police.
Travis Peterson also pointed out that law enforcement never interviewed one of Marler’s biological daughters who at one time shared a room with a foster daughter during the time frame of an alleged assault. Trial testimony by the foster daughter stated that the girl was not present in the bedroom when the alleged assault occurred.
Still, Travis Peterson said it would have been “important to interview her as well.”
Travis Peterson said his review of the case showed investigators failed to get information from Kristen Marler about her work schedule and trips to corroborate the alleged times that Marler is to have assaulted his adopted daughters while she was away.
Under cross-examination, Itzen asked him if he had reviewed Kristen Marler’s calendar which was part of the case investigation.
Travis Peterson said he had not seen a calendar in the materials provided by the defense.
Following Peterson’s testimony, Johnson asked the defense for its next witness. Defense Attorney Devon Petersen asked to approach the bench and after a consultation, Johnson sent the 16-member jury panel and courtroom spectators on a break.
After the break, in which the defense had time to consult with Marler about him potentially taking the stand, the defense rested its case.
In 2013, Marler and his wife, Kristen, were recognized by the federal Administration for Children and Families with an Adoption Excellence Award, one of only three families across the nation to get the award that year.
The couple adopted eight children under their care, four boys and four girls, after entering the role of foster parents in 2008.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
