# Daycare Provider's Reputation at Stake

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- A Daycare Operator Accused of Molesting a Child at the Daycare

## Daycare Provider's Reputation at Stake

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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.

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## Committed Support Throughout Your Legal Process

Defending against an accusation of a sex crime, child abuse, or domestic violence is not easy. If you’ve been accused, let us help you.

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