Defense Brings 8 Witnesses To Stand In Bodenweiser Sex Abuse Cas - 47 ABC - Delmarva's Choice

Defense Brings 8 Witnesses To Stand In Bodenweiser Sex Abuse Case

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SUSSEX Co., DE - In day eight of the Eric Bodenweiser sex abuse trial, the state rested its case and the defense called eight witnesses to the stand.

Bodenweiser's attorney Eric Mooney attempted to discount some of the incidents of sexual assault in the accuser's testimony. He spent a lot of time trying to prove inconsistencies with one particular incident involving a tanning bed. Last week, the accuser testified that he and Bodenweiser had oral sex in the bedroom, where there was a tanning bed. Wednesday, the defense brought a few of Bodenweiser's former roommates to the stand, who claimed the tanning bed was located in the living room. The prosecution answered back, showing that the timeline of how and when the tanning bed got to the living room was unclear.

"The tanning bed is significant in as much as, he says that the tanning bed was there in a certain period of time, namely in 1987. Testimony that was brought forth is that the tanning bed wasn't even in the residence until 1990," Mooney said.

Witnesses also testified that they never saw Bodenweiser playing with the kids in the neighborhood or playing tennis with the alleged victim.

"It just flies in the face of what that testimony was, that he was not a guy that was out playing with kids all day long. He was working, and working a lot. And on the weekends, he was seeing his daughter away from his residence," Mooney said.

A motion hearing to reduce the first degree sexual intercourse charges to third degree was held Tuesday afternoon in closed chambers. The court has yet to make a ruling on that motion, but it will have to make a decision before the case is handed over to the jury for deliberation, which is expected to begin Friday.

Mooney believes the state has a tough case to prove.

"We feel as though there's multiple different versions given by the complaining witness that really wouldn't lead anybody to believe – what version are you going to believe? And again, defense doesn't have the burden of proof. The accuser, the state has the burden of proof. And we believe that there's no sense or rhyme or reason or any continuous story that you can put your finger on to say, this is what happened beyond a reasonable doubt," he said.

The trial will resume Thursday morning at 9 a.m. The defense is expected to bring at least two more witnesses to the stand. Mooney says that Eric Bodenweiser himself may actually testify, but they haven't made a final decision.

 

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Bodenweiser Case
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