Judge orders trial in sexual battery case

SANDPOINT — A Bonners Ferry man was ordered Wednesday to stand trial for sexually abusing a teen despite testimony from the alleged victim’s father that she has a history of making false allegations.

Elroy Joseph Crum is set to be arraigned in 1st District Court on Oct. 21. He is charged with sexual battery of a minor between the ages of 16-17, an offense which carries a possible punishment of life in prison upon conviction.

Crum, 58, is free on his own recognizance while the case is pending.

The alleged victim testified during a preliminary hearing that Crum touched her genitalia and attempted unsuccessfully to coax her into a bedroom in Sandpoint last summer.

“He kept saying it and I said, ‘no,’” the alleged victim, now 18, testified.

Crum invoked his right to remain silent during the hearing, but denied the allegations when he was confronted by police, court documents state.

Chief Deputy Public Defender Dan Taylor called the alleged victim’s father as a defense witness. The father testified that his daughter had a personality disorder and previously accused him of trying to kill her, court records indicate. He further testified that his daughter also had a history of sending sexually explicit text messages and that her statements were not to be trusted.

However, Judge Quentin Harden found there was sufficient justification to try Crum for the felony offense.

At a preliminary hearing, a judge decides if it’s more probable than not that an offense was committed. At trial, a judge or jury has determine guilt beyond any reasonable doubt, which is a significantly higher burden of proof than the burden at a preliminary hearing.