Ex-legislator convicted of rape appeals to Idaho Supreme Court

BOISE — The Idaho Supreme Court heard arguments Monday in an appeal from Aaron von Ehlinger, a former legislator convicted of the rape of a then-19-year-old legislative intern.

In 2022, an Ada County judge sentenced von Ehlinger to 20 years in prison, with eight years fixed and 12 years indeterminate for the 2021 rape. Von Ehlinger represented Lewiston during his time in the Legislature.

The woman reported the assault after it occurred, leading to a House ethics investigation and ultimately von Ehlinger’s resignation from the House of Representatives.

Von Ehlinger, 42, is in prison and asks that his conviction and sentence be vacated based on evidence submitted during the initial trial.

During his initial trial, the victim in the case began her testimony but abruptly left after less than 10 minutes, saying “I can’t do this,” and never returned to the trial. At the time, von Ehlinger’s attorney did not ask for a mistrial. The prosecution relied heavily on testimony from the forensic nurse who assisted the victim at what was then known as Faces of Hope Victim Center. The nurse told jurors what she learned from the victim during her sexual assault examination.

Erik Lehtinen of the State Appellate Public Defender’s Office represented von Ehlinger on Monday. He argued that his trial attorney should have made objections at various points during the nurse’s testimony, but he did not. Because the victim was referred to Faces of Hope by law enforcement, Lehtinen questioned whether the nurse’s role served as a medical provider or as evidence gathering.

Faces of Hope at the time was the advocacy program that housed law enforcement and medical providers, with the goal of better assisting victims in one location. But defense attorneys have argued that programs like this better assist prosecution and law enforcement.

Justice Cynthia Meyer questioned Lehtinen about whether the victim’s mental health and emotional health is part of the nurse’s concern in addition to her physical health, and if asking questions about the assault could be a part of that.

Lehtinen said he believed the nurse’s primary purpose is evidence gathering and developing the facts of the case.

During the trial, the nurse said her goal was solely for the purpose of providing medical care.

At one point during trial, the nurse was directly asked by a prosecutor “[D]id (the victim) indicate that he was in this position before he forced his penis into her mouth?” and later “And then he forced his penis into her mouth?” and the defense attorney objected to both, saying the question was leading, but the district court overruled it at the time. Von Ehlinger’s counsel now argues the district judge made a mistake.

Deputy Attorney General Ken Jorgensen argued that von Ehlinger’s defense attorney at trial was clearly making a tactical decision in relation to the victim leaving the stand when he didn’t make motions to object to testimony nor to request a mistrial.

Jorgensen also argued that mental health is a concern for the nurse who testified, including asking questions about the incident that may implicate the defendant.

“It isn’t just ‘show me where it hurts so I can slap a Band-Aid on it,’” Jorgensen told the court.

Justice Colleen Zahn recused herself from the case and Court of Appeals Chief Judge David Gratton took her place.

The court will issue a written decision on the appeal at a later date.