Damson pleads not guilty on sex charge

Havre Daily News/Tim Leeds

John Damson, left, and his attorney, Jeremy Yellin, listen to District Judge David Cybulski during Damson's arraignment this morning. Damson pleaded not guilty to felony charges of sexual assault and incest.

A Havre man pleaded not guilty today to charges he sexually molested a toddler, with the judge suggesting a February trial date, but the defendant's attorney saying it might take longer to prepare.

John M. Damson of Havre was charged July 29 with felony counts of sexual assault and incest. After two changes of judges, Damson entered his not guilty pleas today before state District Judge David Cybulski of Plentywood.

Damson's attorney, Jeremy Yellin, told Cybulski that he believes preparing for trial and the trial itself will take longer than the judge believed.

Cybulski, while looking at potential trial dates, said he expected the trial to last one to two days.

Yellin said he believes it will take considerably more time than that to pick a jury and hear expert testimony for such a controversial charge.

"I'm thinking three or four, your honor, is safer, " Yellin said.

Cybulski suggested Feb. 22 to 24 for the trial, as those dates are open in the Havre District Court.

Yellin said he believes it will take longer than that to prepare the defense.

"It will take a few more months than that for a case of this magnitude, " he said.

Cybulski set the February days for the trial, saying if Yellin wishes to reschedule as the date approaches, he may motion to do so. Cybulski said, with the July 29 filing date on the charges, the need for a speedy trial is requiring a date fairly soon.

"It's an old case already, " he said. "That's what we'll do to keep it new. "

The documents charging Damson with the felonies say a report was made to the police Feb. 7 that Damson may have been assaulting a toddler-aged relative. The girl said she no longer wanted to see Damson and that he "hurts her" with his genitals, the documents say.

Over several months of being interviewed, the girl continued to make similar comments. During a therapy session July 27 she became more specific, giving details of actions including oral sex and other abuse, the document says.

The case originally was under the jurisdiction of District Judge Dan Boucher. After a request was made Aug. 4 to change judges, Boucher recused himself and Judge E. Wayne Phillips of Lewistown assumed jurisdiction.

After a motion was made Aug. 22 to again change the judge, Phillips recused himself and Cybulski assumed jurisdiction.