Local woman acquitted of five felony sex crimes in case
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Shelby Harris
Idaho State Journal
A 49-year-old local woman was recently acquitted of five felony sex crime charges following a four-day jury trial held at the Bear Lake County Courthouse in Paris.
A 12-person jury consisting of eight men and four women returned not guilty verdicts for each of the three counts of possessing or accessing child sexually exploitative material and two counts of promoting, publishing or producing child sexually exploitative material that were filed against Kellie Lyn Wilson, of Montpelier, in February 2023.
“Justice was served and the system worked,” Wilson’s Kuna-based attorney Kristian Beckett said about the not-guilty verdicts. “This was a faulty investigation that led to charges of an innocent woman. The system works when the jury takes their responsibility seriously to evaluate all the facts.”
Beckett said the four-day trial began on Monday, May 13, and ended on Thursday, May 16, after the jury deliberated for just over three hours.
One of the most interesting aspects of the trial, Beckett said, came when the state’s main witness, the mother of the alleged victim, exercised her Fifth Amendment right while on the stand testifying.
“She pleaded the Fifth Amendment against self-incrimination on the stand. You don’t typically get that anymore, I mean that’s sort of a Matlock or Perry Mason type of moment these days.”
The prosecution relied on four witnesses including one expert witness during the two and a half days that it spent presenting its case. The alleged minor victim, Bear Lake County Sheriff Bart Heslington and the minor’s mother recounted their recollection of events more than two years in the past.
In several instances, that recall was unaided by written or other record to buttress memory, leading to the defense questioning whether events unfolded before or after the minor reached 18 years of age.
Defense counsel directed attention to an additional 22 witnesses, among whom were two expert witnesses, the defendant’s co-workers, softball coaches and players, family members and, in a pivotal moment, Lutz testified in her own defense.
McKenzie focused on the defendant’s decision to offer support to the minor as she struggled with suicidal thoughts, parental disapproval of her sexual preference and her inability to fit into the community or with her peers.
About 30 minutes after retiring for deliberation to consider a total of more than five days of testimony, the jury reached its not guilty verdict.
McKenzie declined to comment at trial’s end.
Beckett remarked on two subjects: First, “trust the jury” and second, “when the state fails to meet its burden to prove beyond a reasonable doubt, the jury has no option but to render a not guilty verdict.”
Beckett said, “After two criminal trials here, I have never seen individuals more dedicated to upholding their constitutional responsibilities under the law than jurors in Bear Lake County.”
Lutz faced a possible life sentence had she been convicted.
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