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Sentencing in von Ehlinger rape case postponed

The former state representative convicted of felony rape will not be sentenced until a judge grants or denies his motion for a new trial.

BOISE, Idaho — Former state Rep. Aaron von Ehlinger is moving closer to a potential new trial after being convicted of felony rape in April.

Ada County District Judge Michael Reardon granted von Ehlinger's request to postpone his sentencing, scheduled for July 28, in order to hear arguments on the motion for a new trial that von Ehlinger's defense plans to file by Aug. 4.

The state has to respond by Aug. 16.

Reardon said it makes no sense to move forward with sentencing this week without having the matter settled first.

It would just be "creating more distress for the victim," he said.

Von Ehlinger's defense attorney, Jon Cox, obtained 464 pages of the trial transcript he requested to support the future motion for a new trial, where he is trying to show there was "insufficient evidence" to convict.

Cox also filed to have von Ehlinger released on his own recognizance pending the matters, but Reardon would not "entertain" the motion and has not yet taken it up. 

Von Ehlinger has been held in the Ada County Jail since April, when a 12-person jury found him guilty of raping a 19-year-old statehouse intern that he worked with.

The former lawmaker has maintained his innocence throughout the process, insisting on the stand the two had consensual sex after going on a date and that it was "passionate."

Jane Doe, the complaining witness, began to testify in the rape trial but suddenly ran off the stand after being unable to finish her statements.

KTVB does not name survivors of sexual assault. 

The next hearing in the matter will be held at the Ada County Courthouse, Aug. 25 at 3 p.m., where von Ehlinger will either be denied a new trial or the process will start all over again. 

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