Testimony, arguments heard ahead of man's Jan. 29 trial on gross sexual imposition charge
NEW PHILADELPHIA ‒ Testimony was given Monday by two potential expert witnesses and arguments were heard on several motions in preparation for the Jan. 29 trial of a Bolivar man accused of gross sexual imposition.
The hearing for Justin D. McCauley, 25, took place in the Tuscarawas County Common Pleas Court of Judge Michael Ernest.
McCauley was charged in 2021 with two counts of gross sexual imposition, both third-degree felonies. The charges involved two victims who were younger than 10 at the time. McCauley had requested separate trials on the charges, which was granted. A jury found him not guilty on the first charge in 2022. He now awaits trial on the second charge.
House arrest: Judge puts student-teacher on house arrest to await trial
McCauley had worked for Tuscarawas Valley Local Schools as an elementary student-teacher and substitute cashier and monitor. The incidents for which he was charged relate to his work as a babysitter and not his work for the school district.
Potential expert witnesses testify on credentials
During the two-hour-and-45-minute session, two potential expert witnesses for the trial provided testimony on their credentials.
Nichole John, a social service supervisor for Tuscarawas County Job & Family Services, is a potential witness for the state. She testified that she has investigated 280 cases of child sex abuse and done 326 interviews in child sex abuse cases. She is also a forensic investigator at Noah's Hope Child Advocacy Center in New Philadelphia.
The defense hopes to use as an expert witness Dr. David Thompson, a clinical and forensic psychologist from Burlington, Wisconsin. He is qualified as an expert in forensic psychology.
Judge Ernest did not rule on whether they can be called as expert witnesses.
Judge hears arguments on several motions
Following testimony from John and Thompson, the judge heard arguments on several motions filed by the two sides.
Thomas Pavlinic, an attorney for McCauley, argued in favor of Judge Ernest releasing the therapy records of one of the alleged victims. The judge had previously ruled against releasing the records. The attorney said the records were what is known as Brady evidence, or evidence the prosecutor is required to disclose under this rule, which includes any information favorable to the accused which may reduce a defendant's potential sentence, go against the credibility of an unfavorable witness or otherwise allow a jury to infer against the defendant’s guilt.
Pavlinic also argued against a motion by the state to allow a victim's advocate to stand with one of the alleged victims when the alleged victim is on the stand while the attorneys and the judge hold discussions, known as sidebar, during that person's testimony.
"I can foresee granting that request to either have the child return (to a seat) or having an advocate stand with the child," Judge Ernest said. "I don't see how that would prejudice the defendant. I can see where any child would be uncomfortable if we were having a sidebar, just sitting on the witness stand alone."
The judge did not rule on either motion.
Reach Jon at 330-364-8415 or at jon.baker@timesreporter.com.
This article originally appeared on The Times-Reporter: Jan. 29 trial set for Bolivar man accused of gross sexual imposition
