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Pair testify in incest case trial

by Adam HERRENBRUCK<br
| March 13, 2008 9:00 PM

THOMPSON FALLS, Mont. - Two people took the stand Thursday in the trial of a Heron, Mont., man who is being accused of sexually abusing his daughter for 16 years, but only one testified in person.

Vince Petruskin, the ex-boyfriend of the alleged victim, took the stand via telephone from Colorado, where he is being detained by law enforcement on unrelated charges. Sanders County Clerk of Court Dianne Rummel faced the telephone on the witness stand and with the speaker phone on, swore in Petruskin, who was called to testify by Mike Sherwood, the defense attorney for Douglas Guill. Judge Kim Christopher allowed the telephone testimony because Sherwood's defense team had been unable to make arrangements to transport Petruskin to Sanders County in person.

Sherwood had expressed his displeasure to the court that his efforts to serve Petruskin with subpoena papers had been unfruitful. In one last try early Thursday afternoon, he requested that Christopher sign a court order to have the Sanders County Sheriff's Office retrieve Petruskin from Colorado and transport him to Thompson Falls. However, Christopher recommended they go ahead with the phone interview. “I'm not going to hold up this trial any longer,” she said.

During Petruskin's testimony, which lasted only about 30 minutes, he described his relationship with the alleged victim and their sexual encounters. Details of the girl's sex life would normally be suppressed by the court in accordance with rape shield laws, but because of prior testimony from a medical professional, some of those details have been allowed.

Dr. Janice Ophoven, a medical examiner from Minnesota, testified Tuesday that when she reviewed the examination video of the alleged victim's genitalia, she concluded that the injuries present could have been caused by consensual sex. Petruskin was allowed to testify Thursday as to his sexual experience with the alleged victim.

Because the defense called Petruskin as a witness, Christopher has opened the door for him to be recalled as a witness later in trial, if they are able to transport him to Sanders County.

Sherwood also called Rick Christensen, best friend, employee and brother-in-law of Douglas Guill to the stand. Christensen's sister, Nicole Guill, has also been charged with sexual assault and awaits her trial. She lived with the Guill family for years as Douglas' live-in girlfriend before she married him. She has been accused of participating in sexual acts between Douglas Guill and the alleged victim.

Christensen testified the rest of the day, which ran until well after 6 p.m. His lengthy testimony included questions from Sherwood about what he witnessed as a family friend of the Guills and as an employee of Douglas Guill's heating, ventilating and cooling business. He denied seeing anything irregular or inappropriate in the Guill family.

“Douglas is a very good father. He's the most kind-hearted person I've ever met,” Christensen said. “I've never gotten the sense that there was anything even close to inappropriate going on.”

During cross-examination, Guzynski attempted to illustrate inconsistencies in Christensen's statements and he questioned him about his financial and business agreements with Guill. He attacked Christensen's credibility by asking him about how much money he makes working for Guill. Christensen was initially in agreement to allow the prosecution to view his tax information, but he has since changed his mind, stating that it is nobody else's business.

Christopher did not adjourn court for the day until both attorneys were finished with Christensen in an attempt to keep the trial moving.

The trial will resume 8 a.m. today in Thompson Falls. Douglas Guill still has not taken the stand. Christopher mentioned a hope that it will wrap up by Friday evening.