Trial begins in Damson sex molestation case

The jury trial of a Havre man accused of sexually molesting a 15-year-girl with a cognitive disability began Monday morning, with jury selection taking most of the day and opening statements not being delivered until after 3:30 p.m.

Joseph E. "Jed" Damson, born in 1948, is accused of sexual assault. The sexual intercourse without consent charge was dropped the first day of the trial, Monday.

Charging documents say the charges were pressed after the girl told her mother in July 2014 that Damson had been giving her "boyfriend classes," among other things. This prompted law enforcement to look into the matter and, ultimately, file the charges against Damson.

Prosecuting attorney Assistant Montana Attorney General Joel Thompson from Helena, who is working with Deputy Hill County Attorney Ryan Mickelson, and defense attorney Jeremy Yellin spent most of Monday asking potential jurors questions, such as how impartial they felt they could be, whether they had children or grandchildren, if they knew anyone who was developmentally delayed and if they personally knew the Damsons.

One particular potential juror, who was excused, when asked if he could be fair, told Yellin that he didn't trust defense lawyers and he didn't believe a word that came out of Yellin's mouth. Others were excused because they personally knew the Damsons and said they couldn't be fair, including a woman who said she had lived next to the Damsons for 25 years.

Boucher emphasized to the newly sworn jury that the burden of proof was on the state. The evidence must convince beyond a reasonable doubt the defendant is guilty, he said.

In the prosecution's opening statements, Mickelson said the case was about a man who took advantage of the trust and familiarity he had with the victim, a young girl who made friends easily, but also a girl who was developmentally delayed. It's a case about a man who preyed on her precisely because of her challenges - a case about a family whose lives have been upended by what Damson did, Mickelson said.

Mickelson went on for some time, telling the jury the details of the investigation, what led up to charges and, ultimately, a jury trial. At one point during Mickelson's opening statement, Yellin objected, calling the prosecution's statement argumentative.

State District Judge Daniel Boucher then told Mickelson to "tighten it up."

"Folks, this is a tragic case," Yellin said when he began his opening statement.

Yellin said the circumstances are tragic for everyone. They're tragic because the victim believes she was preyed upon and something happened to her that didn't, and they're tragic, Yellin said, because Damson is accused of a crime he didn't commit.

Yellin said that before the girl accused Damson of sexual assault, she attended an out-of-state friendship class, where she learned about "arousal" and "humping" and "red flags and pink flags."

It was only after she got back from that class that those allegations came forth, Yellin said, pairing that with an earlier statement that innate in the alleged victim's disability is that she's suggestive.

Yellin said the relationship Damson had with the girl was that which a typical grandfather has with a grandchild. Although not technically related, Damson and the girl had developed a close relationship with him and she called him "Grandpa Jed."

"That's the case, folks," Yellin said. "Mr. Damson did not touch this teenager in any sexual way."