Jury Acquits Bain of All Charges
Monday, November 18 2013
On Saturday, an Unalaska jury found Michel Bain not guilty of child sexual abuse.
Bain, 39, was facing eight felonies. The state alleged that he had sexually abused his two young daughters while they lived with him in Unalaska between 2006 and 2008.
During a two-week trial, jurors were presented with a wide array of witnesses and evidence. The jury visited the Kashega Drive residence where some of the alleged abuse was said to have taken place. And they heard from Bain, his two children, and their mother. All of them were called to testify.
Defense attorney Nikki Swayne could not be reached for comment.
Assistant district attorney Florina Altshiler says she tried to show some consistency between this specific case, and common psychological patterns of abuse. Altshiler also says she wanted the jurors to think about how young people -- and even adults -- might process abuse.
Though the children were visibly upset while they testified before the jury, Altshiler says they seemed less distraught once their mother joined them for the rest of the trial. They sat behind Bain in the gallery, and did not show as many outward signs of distress.
Altshiler says that can be confusing to observers.
"I think that there are preconceived notions in society in general that victims are going to act like victims," Altshiler says. "There’s a certain idea in people’s heads about what a victim is."
The jury began their deliberations late Friday afternoon and delivered their verdict shortly after 1 p.m. Saturday.
Deputy police chief Michael Holman says the case against Bain is formally closed. Bain will be refunded the $10,000 bail he paid to the state of Alaska at the time of his arrest in 2011.
A thoughtful jurist on Wednesday, November 20 2013:
I was there in the jury box the 2 weeks of the trial and I have to say that ms cox has pretty much summed up the case as it was presented. If ms altshiler felt so strongly on her position, then she failed to convince the jury of it.
Krysten Cox on Wednesday, November 20 2013:
I think this District Attorney Altshiler is a poor looser. I think the State of Idaho spent way more money than they should have on a case that was manufactured by two little girls who felt abandoned by their Father and needed attention. I think the Mother was bitter about their breakup and helped make up the stories. When the girls said "they lied" they were then forced to testify under threat of becoming foster children. These girls love their Dad and he loves them and would never ever do the awful things that were trumped up against him. All of this was proved in court over and over. This attorney needs to move forward and let this family heal. I am grateful to the wisdom of the jurors who could see the truth. A tremendous thanks to the Defense Attorney Nickki Swayne who also knew from the start that Mike was innocent and proved her case. This case was sad and wasted court time and money plus almost made an innocent man go insane. It should be known that his family and friends never doubted his innocence and have always known the quality of man Mike is.