Wednesday, May 28, 2008

Jury trial set in Carey sex-crime case

Brian Adamson accused of having sex with seventh-grader


By TERRY SMITH
Express Staff Writer

Brian Jake Adamson

Sex-crime suspect Brian Jake Adamson sat in court in a dark pin-stripe suit that appeared to be one size too large, as if handed down from an older brother. An affable-looking 20-year-old, Adamson looked like he'd be more comfortable at a church gathering than at the defendant's table in Blaine County 5th District Court.

But he found himself in court last Friday to answer to a felony charge of lewd conduct with a minor child under 16 for allegedly having sex with a Carey seventh-grader. The 13-year-old girl was a foster child in the home of Adamson's parents at the time of the alleged sexual encounter.

Judge Barry Wood advised Adamson of his legal rights and the seriousness of the charge against him, one that is punishable in Idaho by up to life in prison.

Kevin Cassidy, Adamson's legal counsel, told the court that his client pleads not guilty.

The court appearance was Adamson's district court arraignment. Wood scheduled a jury trial, expected to last about four days, for Aug. 12.

Wood, who normally presides in Gooding County, took on the case after Blaine County Prosecuting Attorney Jim Thomas filed a disqualification motion against Blaine County 5th District Court Judge Robert J. Elgee. Under Idaho judiciary rules, Thomas was not required to state a reason, nor did he.

Thomas was also mum when asked in writing by the Idaho Mountain Express to explain why the charge against Adamson was amended to lewd conduct with a minor child under 16. Adamson was originally charged with rape, a crime also punishable in Idaho by up to life in prison.

Cassidy explained following the hearing that lewd conduct is equally serious and not considered a lesser offense.

The case against Adamson dates back to Oct. 19, 2007, when he allegedly had sexual intercourse with the girl following a Carey High School football game. Adamson, a student at the College of Southern Idaho in Twin Falls, was staying at his parents' home at the time.

His arraignment followed a preliminary hearing on April 30 in Blaine County Magistrate Court during which Judge R. Ted Israel determined that sufficient evidence existed to send the case to district court.

The 13-year-old girl, who was a foster child in the care of Craig and Betty Adamson at the time of the alleged sexual encounter, testified at the preliminary hearing that she had been physically but not sexually abused by her parents prior to being placed in foster care.

Court minutes from the hearing state that the girl testified that she at first declined to have sexual intercourse with Brian Adamson but later consented. She also testified that she was intoxicated.

"The witness cried during sex," court minutes state. "It was the first time she had ever had sex."

She further testified that the sex act took place in Brian Adamson's vehicle, rather than at the home of Craig and Betty Adamson as earlier alleged in a probable cause affidavit filed by Blaine County Detective Steve Harkins.

Harkins testified at the hearing that he received the information as to the location of the alleged sex act from Bryson Ellsworth, a 23-year-old Carey man and a friend of Brian Adamson.

Ellsworth admitted at the hearing that he provided alcohol to Brian Adamson on the evening of the alleged sex crime.




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