Posted: Tuesday, 26 April 2011 9:05AM
Defense Questions Probable Cause In Kirlin Case
MANKATO – The attorney for a Mankato man charged with allegedly having sex with a 15-year-old boy is arguing the prosecution has yet to prove the boy was “mentally impaired.”
Two of the six counts against James Kirlin are based on a special education teacher who told investigators the boy lacks the judgment to give reasoned consent.
The teacher will be asked to testify at a probable cause hearing next month.
Kirlin has been charged with 3rd Degree and 4th Degree Criminal Sexual Conduct involving a mentally impaired victim, 3rd Degree and 4th Degree Criminal Sexual Conduct with a victim 13 to 15 years of age, 5th Degree Criminal Sexual Conduct involving lewd exhibition and the Use of Minors in Sexual Performance/Pornographic Work.
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