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Hearings pending in molestation case

by Keith KINNAIRD<br
| December 18, 2009 8:00 PM

SANDPOINT — Defense counsel for an Athol man accused of molestation is asking a judge to determine the competency of the alleged victim to testify as a witness in the case.

The closed-door hearing in 1st District Court is planned for next month.

Curtis Edward Jackson’s jury trial on three counts of lewd and lascivious conduct with a minor is scheduled for May.

Jackson, 46, molested the girl on two occasions last summer and again on Sept. 19, charging papers allege. The girl was between the ages of 8 and 9 when the alleged abuse occurred.

Jackson is pleading not guilty to the charges.

Chief Public Defender Isabella Robertson filed a motion Friday for a district judge to determine the girl’s competency to testify because she is under the age of 10. Under such an examination, a judge poses reasonable questions raised by the state and the defense.

Meanwhile, Bonner County Prosecutor Louis Marshall is asking the court to re-evaluate Jackson’s application for the appointment of a public defender, court documents indicate.

After reviewing Jackson’s financial means when he was arrested last fall, Judge Debra Heise appointed publicly funded defense counsel with the caveat that the ruling be revisited if Jackson was able to post bail.

Jackson was originally ordered held in lieu of $100,000 bail, but the sum was reduced to $20,000 when he waived his right to a preliminary hearing, court records show. Jackson was subsequently able to bond out of the Bonner County Jail.

A hearing on the state’s motion is also set for next month.