Burden of proof provided in lewd conduct trial

BONNERS FERRY — District Judge Barbara Buchan found that the prosecution established a man's guilt beyond a reasonable doubt in a lewd conduct case during a Wednesday bench trial. Sentencing will take place in October.

Josyiah N. Skinner, 30, was charged with two counts of lewd conduct with children under 16. The allegation stems from a welfare check in 2019 at a Boundary County elementary school when two children alleged Skinner put his genitals in their mouths.

The prosecution called four witnesses, BCSO Deputy Jason Tujillo, who was part of the original investigation, the mother of the children and the two victims.

The mother testified Skinner had access to the children and provided a layout of the house and the bedroom that the children shared at the time. She said that at one point she caught the children participating in what appeared to be sexual play.

After speaking to one child she was told it was because Skinner had asked her to put his peepee in her mouth. The mother later talked to Skinner and the child. The child continued to say “he did it,” but later recanted. Skinner denied the allegation.

At the trail, the children testified Skinner went to their bunk bed one night and put his penis in both their mouths. The children could not recount when or what year the incident occurred. Nor were they consistent on which bunk Skinner visited first. However, they both testified that Skinner “hovered over” them in bed as the incident occurred.

The defense called no witnesses and Skinner did not take the stand.

During closing arguments, Defense Attorney Linda Payne argued the children’s testimony was inconsistent with that of the preliminary hearing and could not pinpoint when this incident occurred. She also argued the vocabulary they used was a result of therapy and adults telling them a different narrative of events.

However Boundary County Prosecutor Andrakay Pluid argued the inconsistencies are the result of them being children.

“Children’s timelines are not the same as an adult's,” Pluid added.

To a child, next week might as well be five years. Furthermore, their mother testified they had not been exposed to pornography. Pluid asked how else could children under 10 recognize a penis was in their mouths if they hadn’t been exposed to pornography.

Payne said the children were unable to answer many questions, and argued the case did not meet the court’s standard of evidence beyond a reasonable doubt. She added that one child was inconsistent that the incident took place and even recanted at one time.

Payen said there is no indication that her client is aggressive or threatening that would make the child recant.

In rebuttal, Pluid said it is natural for a child to recant when told by a trusted adult that what they are saying isn’t true. Yet, the sexual incident described by the child who was three and a half years younger at the time, is something a child that age would not know about unless they had experienced it.

After a 20-minute recess and closing arguments, District Judge Barbara Buchanan found that the state provided proof beyond reasonable doubt. This was due to both children identifying him, children never being exposed to porn and having no reason to fabricate the claim.

Buchanan said after three and a half years the children are still consistent with their story. She found the testimony credible and consistent with details of the layout of the room and events. She said she’s had cases when children testify and agreed with Pluid that children may have difficulty with timelines.

She added due to the severity of the charges and in order to keep minors safe, Skinner will be jailed without bond. A presentence investigation and a sexual evaluation has been scheduled. Skinner will be sentenced Oct. 21.

In 2019, Skinner was charged with one count of lewd conduct with a child under 16. The case was dismissed without prejudice due to the age of the children at the time, but that did not prevent the state from proceeding with their case and go to trial Wednesday, July 27.

Under Title 18 of Idaho Code a person found guilty of lewd acts upon or with the body of a minor shall be guilty of a felony and shall not serve a sentence longer than life.