Von Ehlinger’s rape conviction upheld

The Idaho Supreme Court upheld former Idaho legislator Aaron von Ehlinger’s rape conviction in an opinion filed today.

Von Ehlinger was found guilty of raping a then-19-year-old legislative intern while he was serving in the Idaho House in 2021. He was representing Lewiston and the surrounding area at the time. In 2022, he was sentenced to 20 years in prison by an Ada County judge, with eight years fixed and 12 years indeterminate.

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

The Idaho Supreme Court heard von Ehlinger’s appeal in November. Von Ehlinger asked for his conviction and sentence to be vacated based on evidence submitted during the initial trial.

Specifically, von Ehlinger challenged the admission of a forensic nurse’s testimony during the trial. The nurse assisted the victim after the rape occurred, and during the trial, the nurse repeated statements made to her by the victim.

The prosecution relied heavily on this testimony during the trial. The victim was going to testify, but walked out of court in the middle of her testimony and never returned to the trial. Von Ehlinger argued that the nurse's testimony was repeated hearsay and violated his Sixth Amendment right.

Idaho Supreme Court Justice Gregory Moeller wrote in his opinion that von Ehlinger failed to object to the nurse’s testimony during the trial, and only belatedly objected to the testimony a day later.

“Even then, at no point — either during or after the trial — did Von Ehlinger’s counsel move to strike Wardle’s testimony,” Moeller wrote.

Von Ehlinger, in his appeal, had to prove that his failure to object was not a tactical decision.

He couldn’t do so, the Supreme Court decided.

Von Ehlinger also argued that the prosecution asked the nurse a leading question during the trial, but Moeller pointed out that the nurse never actually responded to that question. Moeller wrote that the question also did not contribute to the verdict.

“Therefore, we conclude that the evidence admitted in the record was sufficient to sustain a finding beyond a reasonable doubt by the jury that Von Ehlinger committed the crime of rape,” Moeller wrote.

Kuipers can be reached at akuipers@dnews.com.