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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Day 2 Report on Iowa Sexual Assault-Dementia Trial

During the second day of State of Iowa v. Henry Rayhons, the court seated a jury of 6 men and 8 women.  According to early news reports, during voir dire both the prosecution and the defense gave hints of their theories of the case, where the 79-year-old former state legislator is accused of sexual abuse on his wife, who had Alzheimer’s.  The Des Moines Register reported:

Several potential jurors indicated they’d read or seen some of the extensive news coverage of the unusual case. [Prosecutor] Krisko told them that if they are picked to hear the case, they will be expected to set aside concerns about how their decision would be viewed or what punishment it might bring to the defendant. “We’re not here about making public policy. We’re here about one incident — one man, one woman,” she said.

 

On Thursday afternoon, defense lawyer Joel Yunek talked extensively to potential jurors about the issues of dementia and sex among the elderly. Yunek noted that his mother has Alzheimer’s disease, and he asked how many of the potential jurors had someone in their families with the disease or other types of dementia. Many raised their hands. The defense lawyer expressed sympathy as he led them through discussion of the effects.

 

When one man recounted how a relative with dementia has good and bad periods, Yunek said: “It’s a baffling disease, isn’t it?” “Yes, sir,” the man replied.

Later on the same day, the two attorneys gave their opening statements, as reported here.

The trial is expected to last about a week.

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