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Gregory Lee Scurry, 43, challenged the jury conviction Nike Air Max 1 Safari 2016
The victim, her mother, her sister and Scurry were visiting a relative in Waseca during the Fourth of July holiday in 2005 when the assault occurred, according to court documents.
A conviction of a man sentenced to 12 years in prison for sexually assaulting a 14 year old girl in 2005 should stand, according to a ruling by the Minnesota Court of Appeals.
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Appeals court upholds Waseca assault case
In her earlier allegations against her brother, the victim described a similar incident that also happened in the same Waseca apartment complex.
Scurry during the assault because she thought he might hurt her mother or sister.
After the assault, she told the relative she was visiting what happened. Police investigators were not immediately notified and there was no Air Max 1 Premium White physical examination completed.
Scurry also testified during his trial in early 2006, denying the girl's allegations, court records said. He was not allowed to enter evidence about the victim's earlier allegations, information he claimed would show the jury the girl had knowledge about sexual matters beyond what she said happened with Scurry.
in Waseca County District Court, arguing his attorney should have been allowed to question the victim about previous sexual assault allegations she had made against her brother seven years earlier. He also said he should have been granted a mistrial because of prejudicial comments made by a witness for the prosecution during cross examination.
During the questioning, however, the woman blurted out other information damaging to Scurry that the judge immediately told the jury to disregard and had it stricken from the record. The judge later denied Scurry's request for a mistrial, a decision also upheld by the Court of Appeals.
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"We conclude that the district court properly excluded this evidence under the rape shield law and applicable law," the ruling said.
The Court of Appeals ruling cited the state's rape shield statute, which only allows evidence of a victim's prior sexual conduct at trial in certain circumstances.
Scurry's request for a mistrial was based on comments made by the girl's relative while she was being questioned by Scurry's attorney. The woman, who is a cousin of the girl's mother, answered "no" when Scurry's attorney asked if Scurry had been swearing or physically abusive to anyone else that night.
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