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Lawyers argue if mention of alleged erections, display of penis may be OK'd at man's trial on sex assault of young girl

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David A. Shaw as he prepares to leave Courtroom 1 at the conclusion of Wednesday's hearing in Strafford County Superior Court in Dover. (Rochester Voice photos)

DOVER - The parent of a young girl allegedly sexually assaulted by a Lebanon man testified on Wednesday that they saw him get erections at least twice while the youngster sat on his lap watching TV.

David Shaw, 48, of 294 Lower Guinea Road, Lebanon, Maine, was indicted in the sexual assaults in January 2017 and then again in October when they were slightly modified by the Strafford County Attorney's Office.

The newer indictments comprise first and repeat offenses with regard to fellatio, touching of her genitalia and touching of his genitals by the victim, all of which are alleged to have happened between Aug. 1, 2015, and Aug. 22, 2016.

David Shaw with members of his defense team at the end of Wednesday's hearing at Strafford County Superior Court.

While the trial is not expected to take place for some months, the hearing on Wednesday revolved around the state's request to allow testimony about the alleged erections at trial.

The lead prosecutor in the case, Assistant County Attorney Tim Sullivan, explained that since the erections were not part of "charged offenses," they are not automatically allowed at trial.

The parent of the alleged victim, who is not being identified by The Rochester Voice for privacy concerns, lives in Barrington and said they met Shaw in August of 2015 and became "a couple" living together in February of 2016.

During Wednesday's hearing, the parent explained that their daughter, who was somewhere around the age of 8 when the alleged assault occurred and suffers from autism, liked Shaw and enjoyed sitting on his lap while watching TV.

The parent said they didn't mind their daughter doing that, but noticed on at least two occasions that when Shaw got up from the couch that he had an erection.

Asked by Sullivan if they were sure they could see it, they said yes, he'd had on gray basketball shorts.

"Did you say anything to him about it?" asked Sullivan.

"I didn't say anything, it's embarrassing," the parent said. "I didn't know what to say."

Another time, the parent, who works as a teacher, said sometime between January and April 2016, they had to go to football practice at a Maine school where they coached and the daughter was having an autism "meltdown" because she didn't want to go, she wanted to stay at home.

"I was going to football practice and David offered to stay home with her, so I left her," the parent said. "I'd never left her before; I was nervous and guilty, but also felt now I trusted him."

They said when they got back from practice, they found their daughter lying on the couch with Shaw, and he was holding her.

Knowing that when they'd left the daughter she'd been in "meltdown" mode, they thanked Shaw for being so good with her, but at some point later Shaw remarked he "calmed her down by showing him his penis and she (the daughter) laughed."

"'I thought that was so weird, was thinking did that really happen," the parent told the court. "I was thinking, I don't know, does that make sense?"

"Did you ever have a discussion about showing a penis to calm her down?" Sullivan asked.

"No," the parent replied.

Later, they said, Shaw remarked, "If anyone finds out about that I'm done."

The parent also noted that Shaw's son and daughter often came over when he had visitations with them, and Shaw's young son would often use the toilet without closing the door.

Since the girl allegedly assaulted and her younger sister weren't used to men being around, the sight of a penis made them laugh, the parent who testified said.

Shaw's defense lawyers, during cross-examination, asked if the parent had ever mentioned any of this to the victim's autism clinicians.

"No," they said.

In their final arguments, Sullivan asserted that Shaw's alleged use of his penis to supposedly calm her down was simply desensitizing her to the acts that are alleged in the indictments.

Sullivan noted that Shaw would rub the girl's hair while watching TV and become aroused, and that he was using humor as a precursor to sex acts alleged.

Speaking for the defense, Attorney Sarah G. Landres declared, "There is no proof he was grooming her for sex assault."

Landres also said testimony about the erections would prejudice the jury in their treatment of Shaw.

Sullivan reminded the court that Shaw was going to be tried on much more serious charges than getting an erection.

"We have fellatio, cunnilingus; why would testimony on an erection make them prejudicial?"

Shaw faces up to 30 years to life in prison if convicted on any of the charges.

Strafford Superior Court Judge Mark Howard will now take the motion to suppress under advisement before making a decision.

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