Accuser abruptly leaves witness stand during von Ehlinger trial

BOISE — The second day of former Lewiston Rep. Aaron von Ehlinger’s rape trial took a dramatic turn Wednesday, when the alleged victim walked out of the courtroom just minutes after taking the stand.

Ada County prosecutors rested their case less than an hour after the woman, identified only by the initials JV, told 4th District Judge Michael Reardon “I can’t do this” and left the courtroom shortly after taking the stand.

During the few minutes of testimony the woman did provide, she was almost unresponsive, speaking in a quiet monotone and providing one- or two-word answers to deputy prosecuting attorney Katelyn Farley’s questions.

For example, when asked to identify von Ehlinger by describing the color of the tie he was wearing, the woman’s response was, “I don’t know.”

Her attention appeared to be wandering. At one point, when Farley asked JV to focus on her, to look at her, she said “I can’t” and then pointedly looked away.

Farley proceeded to walk JV through the events of March 9, 2021, when she and von Ehlinger went on a dinner date and eventually ended up at his apartment.

Once they were in the apartment, she said he picked her up, carried her into his bedroom and then removed his clothes.

“He climbed on top of me (wearing his T-shirt and boxer underwear),” she said. “He tried to put his hands between my legs. I closed my knees.”

When asked whether she said anything to him, JV replied, “I can’t do this,” and walked off the stand.

After dismissing the jury, Reardon told the attorneys in the case that if the woman didn’t return, he would be obligated to instruct jurors to disregard the limited testimony she provided, because the defense didn’t have an opportunity to cross-examine her. He also raised the possibility of a mistrial.

“I’m not sure if I’ll be asked to declare a mistrial, and I’m not sure how I’ll respond if I am,” he said.

After conferring with von Ehlinger, attorney Jon Cox said the defense would not request a mistrial.

The defense will have the opportunity to present its case when the trial resumes at 9 a.m. MDT today. It’s unclear, however, if Cox intends to call any witnesses — including von Ehlinger.

“With the events that occurred this afternoon, we’ll certainly be ready tomorrow,” he told Reardon. “We’re discussing a path forward.”

Day Two of the trial began with two Boise police detectives recounting their interview with JV on March 11, two days after the alleged rape occurred.

Other than noting the size difference between von Ehlinger and JV, they mainly testified about the process of collecting physical evidence and her demeanor at the time.

JV’s mother also took the stand. The Moscow-Pullman Daily News is choosing not to name the mother to protect the alleged victim’s identity. She described her daughter as a “very independent, strong, confident” woman.

“Or she was,” she said.

Cox reiterated that point during his cross examination, getting JV’s mother to admit that JV “doesn’t take guff from anyone. She speaks her mind and let’s you know how she feels.”

He also noted that JV at one point worked in a domestic violence and sexual abuse advocacy center.

Von Ehlinger has admitted to having a sexual encounter with JV following their March 9 dinner date, but he has maintained that the sex was consensual.

JV, however, said when she reported the incident that he pinned her down on the bed, forced his penis into her mouth and then ejaculated onto her stomach.

She reported the incident to her mother and to Idaho House officials the morning of March 11, before talking with the two detectives.

During his cross-examination of one of the detectives, Cox noted the Boise Police Department closed its investigation of the incident around March 16, after JV said she didn’t want to pursue charges.

The department didn’t reopened the investigation until mid-April, after the House ethics complaint that was filed against von Ehlinger became public.

By that point, JV had her own legal representation. She has since filed a tort claim against the state, alleging House leaders were aware of von Ehlinger’s history of hitting on women at the Legislature, yet failed to take appropriate action.

The final witness Wednesday, before the prosecution rested its case, was Laura King, a criminology professor at Boise State University, whose research focuses on sexual assault victims.

King noted that sexual assaults typically aren’t reported right away.

The report could be delayed “for days, weeks, months or years,” she said, in part because victims may be afraid they won’t be believed, or that they’ll be blamed for the incident.

Moreover, “they may not be able to think rationally (following a traumatic event) because of the hormones that are released in the brain,” King said.

Those hormones may cause victims to physically freeze during an attack, she said. They’ll likely remember the event, but possibly not in chronological order, and they may respond to questions about the attack in unexpected ways.

These responses aren’t voluntary, King said. “They’re a biological response and can’t be controlled.”

During his cross examination, Cox noted that King’s testimony was not specific to this case, since she hadn’t spoken with either JV or von Ehlinger.

The trial resumes this morning at 8:30 MDT, when the judge will take up any motions and discuss potential instructions for the jurors. The jury will be called in at 9 a.m., when the defense will have the opportunity to call its witnesses.

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