Improperly Subpoenaed Expert Witnesses Key to Dismissal of Case

Idaho District Judge James Michaud has dismissed lewd conduct and rape charges against defendant Leo Ray Hunsaker because of unnecessary delays in prosecuting the defendant, and issues with subpoenas of expert witnesses. The judge concluded that both the state and the defense had improperly subpoenaed DNA expert witnesses in the case.

The Bonner County Daily Bee reports that defendant Hunsaker, 39, was charged with engaging in lewd conduct with a girl in July 2002, when she was between the ages of 11 and 12. Hunsaker was also accused of raping the girl in 2004 and 2005, when she was 13- and 14-years old. Hunsaker pleaded not guilty to the charges.

As the case neared its sixth trial setting, both the prosecution and defense told the court key prosecution and defense witnesses would not be available to testify, which prompted the dismissal with prejudice.