Idaho Supreme Court upholds former state lawmaker’s rape conviction. He’ll remain in prison

BOISE – The Idaho Supreme Court upheld former Idaho Rep. Aaron von Ehlinger’s felony rape conviction – denying an appeal by his attorney who argued that the court “erred” by allowing a sexual assault nurse to testify during his client’s 2022 criminal trial.

In a 16-page opinion, Justice Gregory Moeller wrote for the court that there was sufficient evidence to “sustain a finding beyond a reasonable doubt” that von Ehlinger sexually assaulted a legislative intern in March 2021. The five justices were unanimous in their decision.

Von Ehlinger, incarcerated at the Idaho Correctional Institution in Orofino – the same city in which he was born and raised – was sentenced to at least eight years in prison. He could serve up to another 12 years behind bars, on parole or both. He’ll become eligible for parole in April 2030.

The former intern, age 19 at the time of the rape, said the freshman lawmaker forced himself on her at his apartment after they had dinner. Von Ehlinger, now 42, resigned from the Idaho House in 2021 hours after a legislative ethics committee unanimously voted to expel him from his seat for conduct unbecoming of a legislator.

The Juliaetta resident and U.S. Army combat veteran has repeatedly denied the accusations against him and maintained that he had consensual sex with the survivor, who was identified by the initials J.V. in court. Before filing the appeal, von Ehlinger attempted to have his case retried or get an acquittal, but 4th District Judge Michael Reardon denied the request and said he’s not “inclined to try and second-guess” the jury’s verdict.

Von Ehlinger’s attorney then filed an appeal arguing that his client’s conviction should be overturned because of constitutional and evidentiary errors during his trial. This includes allowing the admission of testimony from Anne Wardle, the nurse, who performed the sexual assault kit on the intern.

Wardle was the only witness during the trial who testified that von Ehlinger forced his penis inside J.V.’s mouth, which was key to proving the rape charge. J.V.’s statements weren’t allowed to be considered by the jury because she became overwhelmed during the trial and left in the middle of her testimony, leading to all of her statements being stricken from the record.

Von Ehlinger’s attorney argued that Wardle shouldn’t have been allowed to testify because her statements recounting the sexual assault were hearsay and violated von Ehlinger’s Sixth Amendment rights to confront his accuser. The court disagreed and instead said von Ehlinger’s trial attorney, Jon Cox, failed to make a proper and timely objection to the testimony.

The justices also ruled against two other arguments von Ehlinger made, including an allegation that the prosecution erred by asking a leading question during the trial.

“We conclude that the evidence admitted in the record was sufficient to sustain a finding beyond a reasonable doubt by the jury that von Ehlinger committed the crime of rape,” Moeller wrote.