News brief: Judge’s mistake not serious enough to overturn molestation conviction

2015.0612.lawandorder.final

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By Sharyn  L. Decker
Lewis County Sirens news reporter

The Washington State Supreme Court has upheld a first-degree child molestation conviction related to an October 2011 incident at a Napavine residence, agreeing that a local judge misstated to jurors the meaning of reasonable doubt, but concluding the error did not lower the state’s burden of proof or affect the outcome of the trial.

Chadwick L. Kalebaugh was convicted in Lewis County Superior Court in connection with touching a 6-year-old girl as she slept on a love seat in the living room during the night that followed a child’s birthday party at the home.

At trial, Judge Richard Brosey in preliminary remarks advised prospective jurors the defendant was presumed innocent, and that prosecutors had the burden of proving each and every element of the crime beyond a reasonable doubt, according to the findings.

The judge then instructed that a “reasonable doubt” is a doubt for which a reason can be given, rather than the correct jury instruction that a “reasonable doubt” is a doubt for which a reason exists, according to the Supreme Court. However, at the end of the case, jurors were given the proper legal instruction on reasonable doubt.

Kalebaugh had lost his argument to the Court of Appeals, because an objection had not been made at trial, but the higher court chose to review it.

Seven of the justices signed the majority opinion, and two of them concurred with the outcome, but not every aspect of the analysis. The opinion was filed on Thursday.

Lewis County Senior Deputy Prosecutor Sara Beigh argued the case for the state, and Olympia lawyer Manek Mistry represented Kalebaugh.

Watch the oral arguments to the  Washington State Supreme Court on TVW, here

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