A 42-year-old Gardnerville man pleaded not guilty Tuesday to four counts of sexual assault with a child under 14 in connection with the alleged abuse of his former girlfriend's 12-year-old son.
District Judge Dave Gamble set a date of Jan. 29 for a trial which defense attorney Kevin Walsh said would take two weeks.
Walsh is representing Ronald J. Smith who has been in Douglas County Jail on $500,000 cash bail since his arrest Sept. 5.
Walsh asked that his client's bail be reduced to $75,000 bondable.
Gamble said he would consider lowering the bail to $200,000 cash once it is determined if Smith was under adult probation supervision when the alleged offenses occurred from April through August.
If Smith was under supervision, bail would be revoked, Gamble said. He ordered a hearing before any change is made in Smith's status.
At first, Walsh argued that Smith had no prior convictions. He apologized after prosecutor Mark Jackson brought up a 2002 domestic battery conviction which he described as "one of the most vicious batteries" ever seen in East Fork Justice Court.
After conferring with Smith, Walsh said that his client believed he was finished with adult supervision after he completed 200 hours of community service at the senior center.
Jackson said a 1994 complaint against Smith for sexual assault of a minor was dismissed because the alleged victim and her mother did not want to proceed.
Walsh said the allegation had been made by the vengeful ex-husband of a woman Smith was dating and there was no substance to it.
In the current case, Smith is accused of sexually assaulting the boy from April until he was arrested in September after the mother said she found the suspect hiding naked her son's closet.
The boy said he didn't report the abuse because he feared Smith. He said the suspect warned him that he and his 7-year-old sister would be taken from their mother if he reported the assaults.
The boy testified for three hours at a preliminary hearing in East Fork Justice Court on Oct. 20.
Walsh argued that the high bail was impossible for his client to post and that if Smith were released, he would live with his parents at his home south of Gardnerville.
"People think he's guilty because he's here. He needs to be able to get out to take care of work and his home and pay his retainer," Walsh said.
Walsh said based on a lack of evidence or injuries to the child, he was confident his client would prevail at trial.
"All the evidence is oral testimony," Walsh said. "All the (victim's) bedding was checked and there was no physical evidence. There was no physical damage to the boy. I think we have a good shot at this."
But Jackson argued that a recent Supreme Court ruling affirmed that victim testimony is enough.
"The state doesn't need physical evidence. Testimony is sufficient to sustain conviction," he said.
