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Jurors on Wednesday began deliberating the fate of a man accused of molesting and raping one young girl in Butte and sexually assaulting another girl.
Gordon Duane Ballensky, now 60, went on trial Monday on charges of sexual intercourse without consent, sexual assault and tampering with evidence, the latter for allegedly deleting or destroying videos from electronic devices.
Ballensky, a grandfather to the girls, has denied the allegations and pleaded not guilty.
In closing arguments Wednesday afternoon, prosecutors said the allegations were “serious and crushing,” but the girls had no motive to lie when they reported the incidents in November 2019.
“This case is about betrayal, one of the most egregious betrayals that one can imagine,” prosecutor Kelli Fivey told jurors. “This is about an extreme violation of trust.”
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Prosecutor Ann Shea said there were minor differences between initial accounts five years ago and testimony this week but the allegations of being raped and groped had not changed and the girls were telling the truth.
“Give these girls justice after all these years,” she said loudly.
Defense attorneys said there were numerous inconsistencies in testimony this week from statements five years ago. They also said there was no DNA evidence in the case, and even though the state’s accusations were emotional and upsetting, that did not make their story true.
“Is there any actual evidence that Gordon Ballensky did anything at all or is it just insinuation?” public defender Christopher White asked jurors. “It’s a powerful and moving story, but that is not enough to convict Gordon Ballensky.”
The state rested its case after a Butte police detective testified Wednesday morning. The defense did not call any witnesses and after closing arguments, District Judge Kurt Krueger read instructions to jurors and they began deliberating about 2 p.m..
Sexual intercourse without consent in this case carries a maximum sentence of 100 years in prison, with no parole eligibility for the first 25 years. Sexual assault is also punishable by up 100 years and the maximum for tampering is 10 years.
The girls told their parents about the alleged incidents in November 2019 and they went to police that day. The case was delayed in part because of testing delays during COVID.
The older girl is now 17, the younger one 14 and both testified Tuesday.
The older girl said Ballensky began touching her inappropriately when she was 8 or 9 years old and later had intercourse with her. The last assault occurred in November 2019 in his bedroom at his house, she said, and she told her stepmother about the incidents a few days later.
The younger girl told jurors that Ballensky touched her bare breasts once and her bare buttocks probably more than 10 times at various locations.
Ballensky and/or his wife told police the older girl alleging rape had been acting out sexually, lying and taking things around the time of the alleged incidents. The younger girl only made her allegations after the first girl made accusations, defense attorneys noted repeatedly during the trial.
Earlier Wednesday, police Detective Brian Sullivan said a search of Ballensky’s house revealed a security system with cameras outside and inside, including one in his bedroom. Ballensky said it was because he had valuables including guns in that room.
Prosecutors said the girl’s father and other relatives had confronted Ballensky about the allegations and told them they had gone to police. When officers arrived with a search warrant, Sullivan said all camera recordings had been wiped clean that day. Ballensky told them he was trying to install a phone app for the system that day, entered the wrong password several times and then had to reset the system, which erased everything.
Prosecutors allege that Ballensky wiped the system clean to hide evidence but defense attorneys said he was simply unfamiliar with the devices.
Prosecutors played brief portions of some recorded phone calls Ballensky had made from jail, including one with his wife.
Among other things, he said there “had been some incidents” and there was some evidence. “That’s the one thing they have, that’s her word, and that’s all they have,” he said.
Defense attorneys said the comments were taken out of context and Ballensky had professed his innocence in at least 18 jail phone calls.
This story will be updated with further information as it becomes available.
Mike Smith is a reporter at the Montana Standard with an emphasis on government and politics.
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