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Peterson trial concludes

Judge expects to have a verdict sometime next week

Paul Peterson

The trial of a Duncombe man accused of sexual abuse and incest came to a close on Wednesday morning after testimony from Webster County Attorney’s Office Investigator Larry Hedlund.

Paul Eran Peterson, 41, is charged with seven counts of third-degree sexual abuse, Class C forcible felonies, and five counts of incest, Class D felonies. District Court Judge John Flynn is hearing the case as a bench trial.

Hedlund testified that he was still a detective with the Fort Dodge Police Department when the investigation into Peterson began in May 2021, and he was asked to assist the Webster County Sheriff’s Office with the case.

Assistant Webster County Attorney Bailey Taylor played the audio recording of the first interview Hedlund had with the defendant last May.

In the interview, Peterson admitted to having sexual intercourse with the victim, who will be known as Jane Doe. The Messenger does not identify victims of sexual assault.

Hedlund asked how many times the defendant has had sex with Doe, and the defendant initially told him the didn’t know how many times, but later estimated it to be about 20 times.

In the interview, Peterson claimed the sexual contact was always consensual and never forced or coerced.

“She never said stop,” he told Hedlund.

When the recording finished playing, Taylor asked Hedlund if the defendant ever outright denied the allegations against him and if he seemed to understand what was happening.

“He seemed coherent, responsive,” Hedlund said. “Didn’t seem confused. He was tracking with the questions and responding appropriately.”

After the state rested its case, defense attorney Judd Parker motioned for a judgment of acquittal, arguing that the state had failed to present sufficient evidence to prove Peterson’s guilt. Flynn denied the motion and the defense rested its case without introducing any new evidence or testimony.

“We’re still dealing with an extremely tragic and unfortunate case that will stay with a lot of people in the courtroom for a long time,” Taylor said in her closing arguments. “The law is very clear that the absence of ‘no’ does not mean it was consensual.”

Parker argued in his closing that the state didn’t prove that anything happened between the defendant and the victim before the victim was 16, nor that the sexual contact after 16 was not consensual. He also argued that the victim and witnesses who testified did not corroborate the allegations because they were not specific about the times and dates of the incidents.

“I really don’t know how more specific (Jane Doe) can get,” Taylor said in her rebuttal. “She talked about over seven years of abuse that she was subjected to at the hands of the defendant. She was able to pinpoint exactly when it happened … I don’t see how any of these counts are vague.”

The verdict of the case now lies in the hands of Flynn, who will review the testimony and evidence presented in the bench trial. He said he expects to have a verdict sometime next week.

If convicted of all 12 charges, Peterson faces a maximum possible sentence of 95 years in prison and $107,500 in fines. Each C felony carries a sentence of up to 10 years, while each D felony carries a sentence of up to five years.

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