The prosecution in the case of a 64-year-old Montrose man who's been accused of having sexual intercourse with a 6-year-old child is requesting permission to introduce evidence showing that additional sexual encounters occurred between the defendant, Edward C. Slaubaugh, and the alleged victim.
During a motion hearing Friday in Randolph County Circuit Court, special prosecuting attorney Ray LaMora III told Judge Jaymie Godwin Wilfong he believes "there are other incidents that took place that involve the victim" and Slaubaugh, based on information he's received.
LaMora said he'd like to present supporting evidence at Slaubaugh's trial, which is scheduled for Aug. 8-9.
"We are only asking to introduce these incidents to show motive and intent, not to initiate new charges," LaMora said.
"Specifically, what kind of incidents?" Wilfong asked.
"Incidents of other sexual contacts between Mr. Slaubaugh and the victim," LaMora replied.
Slaubaugh was indicted in November 2012 on one felony count of first-degree sexual assault, one felony count of sexual abuse by a parent, guardian or custodian and one felony count of first-degree sexual abuse.
The indictment alleges Slaubaugh had sexual intercourse with the alleged victim and forced the child to engage in a sexual act on Sept. 17, 2011. The child was 4 years old at the time the alleged incidents occurred.
Slaubaugh's attorney, James Hawkins, countered that LaMora's 404-B motion, seeking to introduce an offense committed by the defendant prior to the one at issue, lacked "particularity."
"There's no showing of evidence, aside from simple argument, that these incidents actually occurred," Hawkins argued. "The state has not put us on sufficient notice about what specific, particular acts they intend to introduce."
Hawkins added that the court must also make findings regarding the prosecution's purpose in presenting additional alleged incidents and the validity of its evidence.
Wilfong instructed LaMora to refile his motion and include "the specific acts and crimes you want to bring up."
An evidentiary hearing on the revised 404-B motion is slated for 9 a.m. July 29.
Slaubaugh's case had been set to go to trial May 22, but was rescheduled after Wilfong declared a mistrial during jury selection May 21, when the court and attorneys were unable to impanel an impartial jury.