The Nevada Supreme Court this week upheld the conviction of a Lyon County man on sexual assault charge.
In January 2009, Ryan Fraser, 29, was sentenced to 20 years to life for the sexual assault of a 4-year-old girl. Defense attorney John Schlegelmilch appealed, alleging that the district court erred when it allowed District Attorney Bob Auer to testify that he did not coach the victim.
According to court documents, when the girl took the stand Schlegelmilch asked her whether Auer told her how to testify at trial. The girl, 6 years old when the case went to court, "responded affirmatively," the file states. The judge then allowed Auer to take the stand and respond to witness-tampering allegations.
After his testimony, Auer withdrew from the case and Assistant District Attorney Mark Krueger took over.
The Supreme Court found that Auer's testimony was warranted, and his withdrawal was in line with the law.
Additionally, the Supreme Court found that testimony that Fraser had been accused of molesting another girl years earlier, but was never charged, was permissible, and the District Court was right in ruling the victim was competent to
testify.
"The Nevada Supreme Court in affirming this conviction has ensured that a sexual predator of little children will remain in prison where he belongs despite attempted defense tactics to avert the judicial process," said Auer in a statement. "The Nevada Supreme Court has confirmed the veracity, character and integrity of my conduct in the courtroom which I take great pride in as Lyon County's District Attorney."
Schlegelmilch is challenging Auer for the seat of Lyon County District Attorney in the November general election.