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MANTI — The attorney for a man who has had a sexual abuse case in American Fork thrown out is asking to get more information about that case to help defend his client on similar charges in Sanpete County.
David Hamblin, 70, attended the virtual hearing on Tuesday from his home, listening to the attorneys' arguments via video call. He is charged in 6th District Court with six counts of aggravated sexual abuse of a child, a first-degree felony.
Charges allege that between 1990 and 1992, when Hamblin worked as a therapist out of his home in Spring City, he provided counseling services to a boy between the ages of 4 and 5. During six separate counseling sessions, the boy was sexually abused, charging documents state.
The Utah County Sheriff's Office said the boy contacted police in October 2022, a month after charges were filed in the Utah County case.
Brian Frees, Hamblin's attorney, argued Tuesday that the American Fork case was dismissed based on "Brady material," or information withheld by prosecutors that would have been favorable to a defendant. Frees said he understands that the withheld information is that therapy provided by Hamblin would have resulted in the insertion of false memories of therapy sessions.
"The idea that a defendant can have one component, one piece of an investigation, and not be able to see the entire investigation just doesn't make sense to me at all," Frees said.
He asked 6th District Judge Mandy Larsen to order investigators to provide him with all of the information from the Utah County case so that he can determine if it impacts Hamblin's remaining charges in Spring City, which are based on allegations from a similar time period. He said the case in American Fork involved interviews with over 200 people and argued that he should have a right to that information.
"We need to be able to see the whole puzzle," Frees said, citing that an investigator had told the alleged victim in the case that his experience was just a piece of a puzzle.
The prosecutor, assistant attorney general Charlotte Howard, called Frees' request for everything in the Utah County case "overarching." She argued that there are multiple investigations against Hamblin from different times in Utah County, and this case is separate from all of them.
Howard argued that Frees would have the responsibility to prove with "reasonable certainty" that the records from the Utah County case would be favorable for his client, which would require more specific requests. She also said information about whether Hamblin's therapy would have implanted memories could be provided by Hamblin directly, but that there is no evidence suggesting that in this case.
Larson said she will take a few weeks to decide what information should be turned over to Frees. Hamblin's next court hearing is scheduled for June 25.
Hamblin's wife, Roselle Anderson Stevenson, was also charged with sodomy on a child, a first-degree felony, in relation to Hamblin's Utah County case. Her charges have not been dismissed, and she is scheduled for a status conference on May 29.
