McAllister defense asks for acquittal or new trial

The lawyer for a former Republican state senator is asking the court to either acquit his client of prohibited acts or grant him a new trial on the misdemeanor, according to court papers.

Norman McAllister, 65, of Highgate Center was convicted by a jury of Franklin County residents in July of setting up his tenant to have sex with one of his acquaintances for money to pay off her electric bill. The jury of seven men and five women acquitted McAllister of two other charges — sexual assault, which carries a potential life sentence, and another count of prohibited acts. 

McAllister has not yet been sentenced. The charge on which he was convicted carries a potential sentence of up to one year in prison.

Allegations by the woman, who also worked on McAllister's farm, were the basis for the two-day trial in mid-July. McAllister's lawyer Bob Katims argued that the relationship between his client and the female accuser was consensual. He said the woman lied about the level of consent in the relationship to avoid retaliation by her abusive ex-husband. 

The Burlington Free Press does not identify people who say they are victims of sex crimes without their permission. The woman has not given permission.

RELATED COVERAGE:

• McAllister guilty of prohibited acts, acquitted of sex assault
• McAllister accuser: None of relationship was consensual
• After prolonged jury selection, McAllister trial begins
• Former Sen. McAllister's second trial is this week

In the motion filed after trial, Katims said there was not enough evidence presented to support McAllister's conviction, so he is "entitled to a judgement of acquittal." Katims added that even if there was sufficient evidence, at least six errors made by the court during trial undermine the verdict. 

In a 19-page motion, Katims argued that errors by the court included allowing testimony that violated his client's right against self-incrimination, admitting evidence around a second accuser's allegations, not allowing the defense access to records regarding the woman's mental health and interactions with the Department for Children and Families, and denying motions by the defense to move the trial to another county.

Katims said the court also erred in denying a pre-trial motion to dismiss the case or continue trial when he discovered that evidence showing the accuser lied under oath had not been immediately disclosed by the state. The evidence, which included testimony from an earlier domestic assault case, showed that the woman had also disclosed "an extensive history of serious mental issues which impaired her ability to perceive, recollect and testify," Katims' motion states. 

"Due to the late disclosure, the Defense was not able to adequately prepare to use the exculpatory/impeachment evidence at trial," Katims wrote. 

In an opposition motion, Franklin County Deputy State's Attorney Diane Wheeler said the state had not known the file of the domestic assault matter existed until Katims asked for photos, recordings or written statements. Wheeler said prosecutors then turned those materials over.

Wheeler said evidence presented at trial, including a recording of a phone call between McAllister and his accuser and the accuser's testimony, "was sufficient to support a verdict of guilty." 

No hearing has been scheduled on the matter as of Sunday, and a judge has made no ruling. 

Contributing: Greg Lamoureux, County Courier. Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.