Barlow asked the girl if she wanted to do this or was happy with what she was doing in each picture. She responded with a quiet “no.” He then asked her why she was posing in that position or doing a particular action.
“Jason (Boutwell) told me to,” the alleged victim stated.
The girl was unable to recall just how many times the defendant touched her, adding that he did touch her inappropriately more times than just when he photographed her. She also testified that she had seen the pictures before the case began, from her bedroom. She said Boutwell was at the computer looking at the photos, making them larger and smaller.
In his cross examination, Ingham asked her if her mother was ever mean to her, calling her bad names, making her do all the chores and treating her siblings better. The victim agreed with that statement. He also had the victim confirm that her mother had three male friends come over to the house when Boutwell was not there.
After the jury was released for the day, Ingham made a motion that some if not all of the sexual abuse charges be dismissed, arguing that the state did not have sufficient evidence to prove sexual abuse happened seven times when even the victim was unsure. He also asked that the 60 sexual exploitation charges be dismissed.
Barlow argued the pictures show at least seven images of a sex act and that the victim was able to identify that one type of act occurred more than five times and another happened at least two times. He also pointed out that the State has more than 60 pornographic and illegal photographs to support the exploitation charges.
The judge will make a decision on the motion today. Ingham was to make his opening statements this morning.
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