Daycare Provider's Reputation at Stake

In a second trial, the defense focused much more on the accused’s long history as a man who took good care of children.

Case Summary

The accusation

That Earl often fondled the genitals of a girl at the daycare he and his wife operated in Bigfork, Montana.

The charges

Sexual Intercourse Without Consent and Sexual Assault.

The possible sentence

100 years in prison.

The defense David Marshall presented

David and his Montana co-counsel, Peter Leander, tried this case twice, since the first trial ended in a hung jury. In the first trial, the defense focused on the child complainant’s inconsistencies, the improbable nature of much of her testimony, and the sheriff’s shoddy investigation, with particular emphasis on poor investigative interviewing of the complainant. In the second trial, the defense included much more about Earl’s long history as a man who took good care of children.

The result of the second trial

Acquittal on both counts.

What helped win the case

Having Earl testify in the second trial. This helped the jury get to know him and care about him.