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Jury selected, trial begins

NEW ULM — Jury selection concluded with seven men and five women Tuesday in a five-day trial for a 39-year-old Hanska facing two felony second-degree criminal sexual conduct charges in Brown County District Court.

Two girls, ages 11 and 12, told authorities in the fall of 2019 that Christopher L. Konakowitz molested them at a slumber party on Halloween about five years earlier at his residence.

The State’s third witness, a woman, testified she was in a relationship with Christopher Konakowitz’ brother for six years. In addition, she testified she told the girls in the summer of 2019 that she wouldn’t want Christopher Konakowitz around children because he got into trouble in the past for inappropriately touching children.

“Oh, like he touched me?,” the woman said one of the girls asked her. “She acted like she didn’t know it was wrong. I didn’t ask any more about it. I didn’t want to hear anymore than that.”

The witness testified she assumed the (inappropriate touching) situation was already addressed but later she learned it hadn’t been addressed and reported it to law enforcement.

In his opening argument, Brown County Attorney Chuck Hanson said the 2015 Halloween slumber party was something the two girls will never forget.

“One woke up and Christopher Konakowitz was touching her bare genitals,” Hanson said. “She remembered being scared and that something was wrong. The other girl said she felt Konakowitz’ hands near her bare buttocks.”

Hanson said the girls didn’t think of it again for four years until they heard of Christopher Konakowitz getting into trouble for touching kids.

“This is a case of two girls getting molested and keeping it a secret for four years,” Hanson said to the jury. “You’ll hear an expert tell of delayed reporting. You’ll hear about prior incidents, but Christopher Konakowitz is not on trial for that. Experts will guide you on proof beyond a reasonable doubt. All I’m asking for is you to use reason and common sense.”

Hanson said he anticipates defense attorney Thomas K. Hagen “will build a mountain of doubt.”

“Use the judge’s definition of reasonable doubt, not based on speculation and irrelevant information,” Hanson said. “Your job is to determine what the facts are…The State is not required to prove the case beyond all doubt.”

Hagen said evidence will show there were three children in the bed and Christopher Konakowitz’ wife on the night in question.

“Chris’ past is not on trial here,” said Hagen. “The girls heard a conversation about his past, inappropriate touching. A month later, allegations bubble up again. The girls are asked if something took place. Then it was decided to get law enforcement involved. A forensic interview was done.”

“You’ll hear incorrect, incomplete statements. Once you hear the statements and evidence, you’ll realize this is not a case of something you believe 100%,” said Hagen. “You have to determine if Mr. Konakowitz is guilty as charged. I think you’ll agree Mr. Konakowitz is not guilty as charged.”

The jury trial continues at 9 a.m. Wednesday in Brown County District Court.

Fritz Busch can be emailed at fbusch@nujournal.com.

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