Posted: 1/2/07
New jury to be called for sexual assault case; jail walk-away returns
By David Heiller
Argus News Editor
A new jury will be called to decide when Scott Lee Hahnís criminal sexual offenses took place.
Hahn, 38, was found guilty on August 2, 2005, of three counts of criminal sexual conduct in the first degree. He has been in the Fillmore County Jail in Preston since then.
Judge James Fabian ordered on December 27 that a jury be empaneled to determine if the offenses took place after August 1, 2000.
If they rule yes on that, Hahn will face 144 months in prison, compared to an 86 month sentence if the crimes took place prior to that date.
The incidents occurred with a female under the age of 13 sometime in 2000-2003. Charges were filed on May 6, 2004, and he pled not guilty on May 12 of that year.
The jury that found him guilty did not determine when the crimes occurred. It was not a question they were asked to consider, Houston County attorney Rick Jackson said in court last week.
Hahnís attorney, John Brinckman of La Crosse, said calling a new jury would constitute double jeopardy. He also cited Hahnís honesty in the case.
Jackson said that there was no double jeopardy because re-sentencing did not occur.
Jackson also said the incidents happened in 2001 or later.
Fabian said the double-jeopardy argument was without merit. He asked Brinckman and Houston County to give jury instructions as soon possible so that the case could be resolved promptly.
"I donít think it would take more than a day," Fabian said.
Huber walk-away
Charles Knauer, 26, of La Crescent, walked away from a work release program on December 28. He returned the next day.
Knauer is in the Houston County Jail in the Huber program, which was authorized by Judge Fabian on December 11.
Knauer was released at 10 a.m. on December 28 to go to a workplace in Onalaska, Wisconsin. He showed up there at 11:45 a.m., then was told to get different clothing. He left the business and did not return.
The Houston County jail was notified at 2:30 p.m. When Knauer didnít return by 11 p.m., jail administrator Mark Schiltz issued a temporary pick up order for felony escape from custody.
Surrounding counties were notified as were police departments in the county, Schiltz said. Knauer returned by himself at about 3:20 p.m. on December 29.
Knauer pled guilty in December to two felony domestic assaults; he was scheduled for sentencing on December 29.
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