Following a jury trial last month which found a Waterloo man guilty of three counts of sexual assault by force, the attorney for defendant Travis W. Turner has requested a new trial.

In a motion filed last week in Monroe County Circuit Court, attorney T.J. Matthes of the St. Louis law firm Rosenblum, Schwartz, Fry & Johnson listed more than a dozen supposed “errors” which prevented what they deemed a “fair and impartial trial.”

Many of the errors concerned Alfunzo Delk and the fact the court did not permit his testimony or out-of-court statements to be used during the trial as he was an unavailable witness.

Another item in the motion claims the court was incorrect in “admitting evidence of the prior sexual history” of the female victim, suggesting the state being allowed to introduce evidence that the victim was a virgin prior to the incident violated the Rape Shield statue.

Matthes, in the motion, also expresses issue with the manner in which witness Sgt. Eric Zaber, formerly of the Waterloo Police Department, read aloud a statement to the jury, the admittance of testimony from forensic scientist Jennifer Mulrean and the refusal to permit the defense to question RN Kayleigh Oberndorfer regarding whether or not injuries she observed on the victim were consistent with consensual sex.

Among other issues, Matthes also alleges an instance of juror misconduct in that one juror was observed drinking alcoholic beverages and discussing the case with a bartender of Randy’s Double R Bar just across the street from the courthouse during a lunch break in the trial, the juror further asking if anyone in the bar knew who Turner was, thus violating court instructions and exposing himself to outside information.

A hearing for post-trial motions is set for Aug. 29. Monroe County Resident Circuit Judge Chris Hitzemann is presiding over the case.

Turner was found guilty in this case on July 12 following a week-long jury trial which featured testimonies from several witnesses including investigating police, the victim’s then-boyfriend and the 22-year-old victim herself.

As previously reported, Monroe County State’s Attorney Ryan Webb outlined the events surrounding the assault in his opening statements.

On the night of Jan. 28, 2022, Turner had several friends and work associates at his house for a party, with the victim’s boyfriend at the time being one of those coworkers.

Both the boyfriend and the victim were present at the party through the evening, though the boyfriend left around 11 p.m. in order to go home and take medication while the victim stayed.

The victim originally planned to either sober up and drive herself home or receive a ride from another woman at the party, but she ultimately continued drinking through the night as more of those in attendance left.

Eventually, the victim was left alone with Turner, who forced her into his bedroom and proceeded to sexually assault her, also pulling her hair and grabbing her forcefully such that he left bruises, according to the prosecutor.

The victim’s boyfriend returned to Turner’s house later that morning having not heard from the victim, finding the two in Turner’s bed.

Matthes, during his questioning of witnesses and in closing statements, pointed to several apparent inconsistencies, such as whether or not the victim got out of bed after the incident to go to the bathroom after a night of heavy drinking only to return to the bed.

Another inconsistency pointed out by Matthes was how she was found with a pair of tight jeans on.

Matthes, in his closing statement, suggested that the victim had been “lying and trying to manipulate the situation” over the past few years.

The jury ultimately sided against Turner, however, with Webb urging them to focus on the facts and evidence of the case – particularly the victim’s bruises which were recorded via photograph and were also, through testimony, noted as having not been present the evening before the assault.