A 45-year-old Marion man was convicted by a Linn County jury Monday after about four hours of deliberations for sexually abusing and exploiting a child.
James Olds was convicted of all seven counts - second-degree sexual abuse, exploitation of a minor, lascivious acts with a child, indecent contact with a child, lascivious conduct with a minor, false imprisonment and indecent exposure. He sexually abused a girl between 2008 and 2010, when she was 3 to 5 years of age. He faces up to 45 years in prison and his sentencing is set May 2.
The child, now 9, testified during the trial last week that she couldn't remember the incidents but when she was 6-years-old she told a forensic interviewer with the Child Protection Center that Olds touched her, exposed himself, took illicit photos of her and sexually assaulted her and that videotaped interview was played for the jurors.
In the interview, the child gave graphic details of sexual abuse incidents that happened during 2008 and 2010.
First Assistant Linn County Attorney Nick Maybanks said some of the misdemeanor charges could merge, but the second-degree sexual abuse charge is a 25 year prison term and the lascivious acts with a child and exploitation of a minor are both 10- year sentences and those three charges wouldn't merge. Olds would have to serve 17- 1/2 years of the 25 year second-degree sexual abuse term before being eligible for parole.
If this conviction survives appeal, the case could set a precedence for those involving a child who doesn't have any memory of the crime and the Child Protection Center interview of the child can be considered by the jury.
A judge ruled before the trial that the tape would be allowed into evidence because the child would take the stand and the defense could cross examine her. The defense also had the opportunity to take a deposition of the child when she did remember the incidents.This trial was continued 13 times since 2011 when the child reported the abuse and Olds was charged.