The Iowa Supreme Court has ruled against a 74-year-old Audubon man who was convicted of 3rd Degree Sexual Abuse of a female child. In their decision filed today (Friday), the High Court denied a judgement appeal and sentence for John Charles Donahue, who contended the district court erred by prohibiting his trial counsel from cross-examining the complaining witness about another allegation of abuse made by the witness. Donahue also claimed the district court submitted an erroneous jury instruction, and the verdict was not supported by sufficient evidence. When the court of appeals decision was affirmed, Donahue asked the State Supreme Court to review the case.

Donahue’s first trial ended with a hung jury and a mistrial. According to court records, Prosecutors in Iowa alleged Donahue committed third-degree sexual abuse against a person referred to in documents as “T.G.”   The incidents took place from July 31, 2014 through August 26, 2016, in Audubon County. After reviewing the case, the SUPCO concluded the district court did not abuse its discretion when it prohibited Donahue from questioning the victim about an incident in Carroll, and that the district court was not in error, when it submitted certain instructions to a jury. The Justices said also, “Based upon our review of the record, we conclude there is sufficient evidence to support Donahue’s conviction of sexual abuse in the third degree. As a result, we see no basis to disturb [his] conviction.”