Former Rep. von Ehlinger rape trial begins

BOISE — Two very different storylines for a 2021 dinner date emerged Tuesday during the first day of former Lewiston Rep. Aaron von Ehlinger’s rape trial.

For Ada County deputy prosecuting attorney Katelyn Farley, the March 9 event was an example of a powerful, older man using his position of influence to pursue a 19-year-old House intern.

Von Ehlinger, who was 39 years old at the time, took her out to dinner, she said, and then up to his Boise apartment, where he straddled her and forced her to perform oral sex.

“This case is about power — power wielded in the wrong hands,” Farley told the jury during her opening statement. “On March 9, 2021, the defendant wielded that power against a 19-year-old intern.”

Following a lengthy investigation, von Ehlinger was charged with two felony counts of rape and sexual penetration with a foreign object. If convicted, he faces a maximum of life in prison and a $50,000 fine.

During his opening statement, defense attorney Jon Cox acknowledged that von Ehlinger and the intern had a sexual encounter following their dinner date. However, he suggested the first-term lawmaker had no reason to think it wasn’t consensual.

“There’s no evidence of any efforts by Aaron to pursue a relationship with JV,” Cox said, using the intern’s initials.

She actually initiated the contact with von Ehlinger, he said. She texted him and later asked him to come and talk with her. That’s when he finally asked her out, more than a month after they first met.

No alcohol was consumed during their March 9 date, he said. She went to von Ehlinger’s apartment willingly. Then they started to kiss and hug, and later went into the bedroom.

“Things became more heated,” Cox said. “From Aaron’s standpoint, it was two consensual people engaged in making out.”

After having the opportunity to “judge the credibility of the witnesses,” Cox told the jury, “you won’t be able to find Aaron guilty beyond a reasonable doubt.”

It remains unclear, however, whether the jury really will have an opportunity to judge the credibility of the intern. Farley indicated she might call seven or eight potential witnesses today, but pointedly did not mention JV.

During the jury selection process Tuesday morning, Farley also repeatedly asked members of the jury pool whether they could render a verdict in the case even if the alleged victim did not testify.

The selection process lasted about three hours before the jury of seven men and five women was seated, plus one alternate.

About half the 56 members of the jury pool were excused for cause, either because they felt they couldn’t render an unbiased verdict or because serving on the four-day trial would impose an undue burden on them.

The prosecution and defense also received three peremptory challenges each, which were used to excuse individual jurors without cause.

The prosecution’s first witness in the trial was Ann Wardle, a nurse at St. Alphonsus Regional Medical Center and coordinator of the Community Sexual Assault Team.

Wardle conducted a sexual assault examination on JV two days after the alleged rape occurred. As part of that exam, she created a written account of JV’s description of the events of March 9.

According to that account, JV was surprised by the invitation to go to von Ehlinger’s apartment. She indicated she went with him because he was much bigger than her, and because he carried a handgun.

Once in the apartment, she told Wardle that von Ehlinger pulled her onto the couch, where they began kissing. Later, in the bedroom, JV said he straddled her, putting his penis in her mouth and then ejaculating on her stomach.

JV also told Wardle that she resisted von Ehlinger’s advances while in the apartment, saying she “wasn’t ready,” that she hadn’t shaved and that she didn’t want to have sex.

Wardle found a small bump on the intern’s head, but no other bruises or indications of injury. She also collected DNA sample swabs from JV’s mouth and genital area, as well as her stomach.

Cox stipulated that the semen sample from the intern’s stomach were from von Ehlinger.

However, he also objected, without success, to several aspects of Wardle’s testimony, suggesting it was a backdoor attempt by the prosecution to introduce testimony regarding the events of March 9 without giving jurors the opportunity to judge JV’s credibility for themselves.

“This would be the first case of this type that I’ve ever been involved in where the alleged victim isn’t called,” he said.

Judge Reardon upheld some of Cox’s objections, but overruled the majority.

The other witnesses Farley indicated she might call today include two law enforcement officials and Kim Blackburn, the assistant House sergeant at arms, who spoke with JV two days after the alleged rape.

The trial is scheduled to last four days. It was initially supposed to be streamed online over Ada County’s courtroom YouTube site. However, before the jury selection process began Tuesday, Judge Reardon granted a prosecution request to remove the livestream.

Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.