District Judge Fred Wellmann has rejected a prosecution motion to exclude the public from the testimony of an alleged sexual assault victim.

Wednesday, June 27, 2001

District Judge Fred Wellmann has rejected a prosecution motion to exclude the public from the testimony of an alleged sexual assault victim.

Wellmann made his ruling today after a hearing in Mower County Third Judicial District Court.

Jury selection began Monday and continued Tuesday before Wellmann.

Ryan Arthur Sanvick, 28, of Brownsdale, is charged with three counts of first-degree criminal sexual conduct. He is being represented by Stephen R. Erickson, an Albert Lea public defender.

Jonathan P. Olson, a Mower County assistant attorney, is prosecuting the case.

Olson called Esther Mae Bentley, the crime victim’s advocate, as his only witness. Bentley testified that since the alleged crime last October, she has talked to the victim 12 times over the telephone and five times in person.

After the defendant’s arraignment, the victim told Bentley, "I don’t want to see him. I don’t want to testify."

Under cross-examination from defense attorney Erickson, Bentley admitted the victim now is "more forthcoming" in conversations about the trial.

Olson said case law is limited in the area of excluding the public from a criminal sexual conduct trial involving an alleged victim 18 or older.

"This is, at least, a small way to help her present her story in a fair and impartial manner," the prosecutor said.

Erickson countered saying the alleged victim is not a minor and that Wellmann should consider less restrictive alternatives than refusing to allow the defendant to confront his accuser in the courtroom.

In refusing to grant Olson’s request for a ban of the public, including the media, from the alleged victim’s testimony, the judge said he would consider other alternatives at the time of her testimony.

Also today, the judge heard a defense motion to allow testimony concerning the prior sexual conduct of the alleged victim during the trial.

According to the criminal complaint, Sanvick allegedly repeatedly sexually assaulted the woman Oct. 3 at Sanvick’s Brownsdale home.

The victim allegedly was restrained with handcuffs and repeatedly threatened with harm, including the holding of a gun to the victim’s head at one point.

The woman’s 2-year-old daughter was in the home at the time of the daylong assault.

According to authorities, the woman went to Sanvick’s home after finishing work and took her toddler son. She fell asleep and when she awoke, she was handcuffed and the attacks began.

Call Lee Bonorden at 434-2232 or e-mail him at lee.bonorden@austindailyherald.com.