Defense Alleges Bodenweiser's Accuser Was "Coached" - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Defense Alleges Bodenweiser's Accuser Was "Coached"

Posted:
GEORGETOWN, Del. - The case against Eric Bodenweiser, the former state senate candidate, accused of molesting a young boy took a surprising turn Thursday morning. The accuser who said Bodenweiser molested him from 1987 to 1989, when he was between 10 and 12 years old, left the court early, saying he fell ill.

Once the jury was sent home, the attorney's for Bodenweiser filed for an immediate court hearing, over suspicions that the accuser was "coached" in the middle of testimony. 
The motion called for a "Voir Dire" hearing, in which the judge questions all relevant people that made contact with the witness in between testimony. In particular, it called for questioning of all state authorities he talked to in between Tuesday's closing and Wednesday's opening of trial. 

Defense attorney Joe Hurley said that the victim appeared to have improved his demeanor and voice inflection greatly Wednesday morning, which he considered suspicious. On Tuesday, the victim appeared angry and frustrated, at times yelling at Hurley. On Wednesday, he was visibly more in control. 

In the motion, Hurley wrote that the alleged victim started to make "direct eye contact with the jury" on Wednesday, adding that he started to speak like a "teacher explaining a concept to students." 

"The clasping of the hands, the rotation of the body, the eye sweep of the jury and the modulation of the voice are hallmarks of training," the document read. 

On the witness stand, the alleged victim said that he did not receive any coaching. He said that the only person he talked to was his wife for emotional support. 

So far at the hearing, the judge questioned Beverly Ellis, a Department of Justice worker, who guides witnesses through the judicial process and Detective Jonathan King from the Delaware State Police. Both of them told the judge and counsel that they had not offered any tips or guidance to the accuser. 

The accuser will have his turn to be questioned Friday morning as well. The judge will then make a decision as to whether or not any coaching had taken place. If he finds there is sufficient evidence, then it will be his duty to inform the jury of this, telling them to consider this when evaluating the credibility of the witness' testimony. 

Hurley said that the alleged victim's actions indicated that he was receiving some level of coaching. 

"Some how some way somebody has talked to him," he said. "And maybe he'll remember exactly where he got his inspiration or maybe as he's done so many times he'll say 'I don't remember.'"

The accuser told the jury Monday that Bodenweiser had molested him on five separate occasions between 1987 and 1989. Bodenweiser faces 14 counts of "unlawful sexual intercourse," in the first degree as well as 14 counts of "unlawful sexual contact" in the second degree.

On Tuesday and Wednesday, through cross-examination, Hurley questioned the accuser, arguing that he had contradictions in his story, including inconsistencies of certain facts from one interview to another. In particular, Hurley referenced a May 25th interview, in which the accuser gave a differing account from the initial October, 2012 interview, in regards to what type of sex act took place on which date.

Last Friday, Bodenweiser's Pastor Duane Smith took the stand, telling the jury that his congregate and friend had confessed to the crime while they were talking in privacy. Hurley argued that Smith had simply misunderstood Bodenweiser's confession. He said that his client was admitting to providing pornography to the young boy, but said that he was not confessing to anything more than that. 

The trial was expected to take about two weeks, but after a very slow start, it could significantly longer than that. It will resume Friday morning, with more cross-examination of the accuser. 
  • Delmarvawide NewsDelmarvawide NewsMore>>

  • Georgetown Man Pleads Guilty to Murder

    Georgetown Man Pleads Guilty to Murder

    Friday, November 16 2018 7:24 PM EST2018-11-17 00:24:26 GMT
    Friday, November 16 2018 7:24 PM EST2018-11-17 00:24:26 GMT
    (Photo: MGN Online)(Photo: MGN Online)
    (Photo: MGN Online)(Photo: MGN Online)
    BRIDGEVILLE, Del.- A Georgetown man pleaded guilty to second-degree murder in connection to a deadly shooting during an attempted robbery. In August 2017, Preston Nailor fatally wounded 19-year-old Ty'ron Lake of Bridgeville, when the two echanged gunfireMore
    BRIDGEVILLE, Del.- A Georgetown man pleaded guilty to second-degree murder in connection to a deadly shooting during an attempted robbery. In August 2017, Preston Nailor fatally wounded 19-year-old Ty'ron Lake of Bridgeville, when the two echanged gunfireMore
  • New Toll Road to Open on U.S. Route 301 at Delaware State Line

    New Toll Road to Open on U.S. Route 301 at Delaware State Line

    Friday, November 16 2018 6:19 PM EST2018-11-16 23:19:54 GMT
    Friday, November 16 2018 6:19 PM EST2018-11-16 23:19:54 GMT
    MIDDLETOWN, Del. --- The U.S. Route 301 Mainline Project is beginning to wrap up work and lead to the state's first cashless toll road opening in December. The new U.S. Route 301 bypass will take drivers around Middletown and connect them directly to DelaMore
    MIDDLETOWN, Del. --- The U.S. Route 301 Mainline Project is beginning to wrap up work and lead to the state's first cashless toll road opening in December. The new U.S. Route 301 bypass will take drivers around Middletown and connect them directly to DelaMore
  • Maryland Sees Steady Growth in Tourism

    Maryland Sees Steady Growth in Tourism

    Friday, November 16 2018 5:00 PM EST2018-11-16 22:00:40 GMT
    Friday, November 16 2018 5:00 PM EST2018-11-16 22:00:40 GMT
    Crowded Boardwalk Monday in Ocean City (Photo: WBOC)Crowded Boardwalk Monday in Ocean City (Photo: WBOC)
    Crowded Boardwalk Monday in Ocean City (Photo: WBOC)Crowded Boardwalk Monday in Ocean City (Photo: WBOC)
    Over 40 million people visited Maryland in 2017 and that number is expected to increase, especially along the Eastern Shore.More
    Over 40 million people visited Maryland in 2017 and that number is expected to increase, especially along the Eastern Shore.More
  • Most Popular StoriesMost Popular StoriesMore>>

  • Former Delaware Death Row Inmate Who Beat Sex Trafficking Case Arrested

    Former Delaware Death Row Inmate Who Beat Sex Trafficking Case Arrested

    Friday, November 16 2018 8:13 AM EST2018-11-16 13:13:04 GMT
    Friday, November 16 2018 8:13 AM EST2018-11-16 13:13:30 GMT
    Isaiah McCoyIsaiah McCoy
    Isaiah McCoyIsaiah McCoy
    A day after Isaiah McCoy, a former death row inmate from Delaware, walked out of a U.S. courthouse in Hawaii a free man when prosecutors dropped sex trafficking charges against him, he found himself again in handcuffs.More
    A day after Isaiah McCoy, a former death row inmate from Delaware, walked out of a U.S. courthouse in Hawaii a free man when prosecutors dropped sex trafficking charges against him, he found himself again in handcuffs.         More
  • Dover Missing Persons Case Turns into Homicide Investigation

    Dover Missing Persons Case Turns into Homicide Investigation

    Thursday, November 15 2018 9:17 PM EST2018-11-16 02:17:11 GMT
    Friday, November 16 2018 7:57 AM EST2018-11-16 12:57:56 GMT
     Earlier this week, Dover police provided these photos of Ahyanna Baker-Griffin and her boyfriend Dishiem Johnson who originally were reported missing. On Thursday, the bodies of the two were found inside an apartment. Earlier this week, Dover police provided these photos of Ahyanna Baker-Griffin and her boyfriend Dishiem Johnson who originally were reported missing. On Thursday, the bodies of the two were found inside an apartment.
    Earlier this week, Dover police provided these photos of Ahyanna Baker-Griffin and her boyfriend Dishiem Johnson who originally were reported missing. On Thursday, the bodies of the two were found inside an apartment.Earlier this week, Dover police provided these photos of Ahyanna Baker-Griffin and her boyfriend Dishiem Johnson who originally were reported missing. On Thursday, the bodies of the two were found inside an apartment.
    Dover police say what was originally a missing persons case is now a homicide investigation after officers found two people dead in an apartment.More
    Dover police say what was originally a missing persons case is now a homicide investigation after officers found two people dead inside an apartment. More
  • Ocean City Feels Impact of Nor'easter

    Ocean City Feels Impact of Nor'easter

    Thursday, November 15 2018 10:55 AM EST2018-11-15 15:55:18 GMT
    Thursday, November 15 2018 11:12 AM EST2018-11-15 16:12:54 GMT
    (Photo: WBOC)(Photo: WBOC)
    (Photo: WBOC)(Photo: WBOC)
    Ocean City felt the impacts of a Nor'easter Thursday morning.More
    Ocean City, Maryland felt the impacts of a nor'easter Thursday morning.More
  • Most Popular VideosMost Popular VideosMore>>

  • Ocean City Feels Impact of Nor'easter

    Ocean City Feels Impact of Nor'easter

    Ocean City felt the impacts of a nor'easter Thursday morning. The nor'easter passing through the Delmarva turning the resort town into a ghost town. But the wet and windy weather did not stop people from checking out the scene at the Ocean City inlet.

    More

    Ocean City felt the impacts of a nor'easter Thursday morning. The nor'easter passing through the Delmarva turning the resort town into a ghost town. But the wet and windy weather did not stop people from checking out the scene at the Ocean City inlet.

    More
  • WBOC Morning Weather: Nov. 16, 2018

    WBOC Morning Weather: Nov. 16, 2018

  • Delmarva Impacted by Nor'easter

    Delmarva Impacted by Nor'easter

    It's been a dreary Thursday on Delmarva as we see and feel the impacts from today's Nor'easter. 

    Hopping over puddles to get home, Steven Howard says today's weather is not a good mix. 

    "If you notice the wind is picking up, then you have to worry about that, tree branches falling down, it's not safe," says Howard.

    More

    It's been a dreary Thursday on Delmarva as we see and feel the impacts from today's Nor'easter. 

    Hopping over puddles to get home, Steven Howard says today's weather is not a good mix. 

    "If you notice the wind is picking up, then you have to worry about that, tree branches falling down, it's not safe," says Howard.

    More
Powered by Frankly

All content © Copyright 2000 - 2018 WBOC. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices