Jurors deliberating the fate of Travis Masse have submitted a question to the judge asking whether they can find Masse guilty of sex assault on a child by a person in a position of trust without finding that any of the four specific alleged incidents of sexual assault were proven.
Those four incidents go toward proving a second charge against Masse, sex assault on a child by a person in a position of trust with a pattern of abuse.
Masse, 29, is on trial in Broomfield District Court on two counts of sexual assault on a child. Both counts relate to Masse’s alleged sexual involvement with a then 17-year-old, who was a student in his classes at Broomfield High and a manager of the wrestling team.
District Court Judge Thomas Ensor has called the question “problematic” in that it goes to show that sometimes people don’t understand jury instructions, no matter how thoroughly they are explained.
Ensor suggested telling the jurors that they cannot find the defendant guilty of the first charge without finding proof of at least one of the four alleged incidents of sexual assault.
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