Dale A. Kaushagen awaits sentencing for second-degree criminal sexual conduct

An International Falls man was found guilty of second-degree criminal sexual conduct by a Koochiching County jury Thursday.
Dale A. Kaushagen, 39, was taken into custody by a deputy and lead from the Koochiching County District Courtroom to await sentencing in the county jail.
The jury deliberated for about 12 hours after hearing nearly five days of testimony during the trial.
Kaushagen had been charged with one count of first-degree criminal sexual and two counts of second-degree criminal sexual conduct involving sexual contact with minors. The jury, which was polled individually at the request of Kaushagen’s attorneys, Bruce Biggins and Steven Nelson, found him guilty of only the second-degree charge.
As the verdict was read, several of Kaushagen’s family members began to cry and comforted one another in the courtroom.
Kaushagen’s attorneys asked Judge Chad LeDuc to allow Kaushagen to remain free on a pretrial release agreement until sentencing, but LeDuc denied the request.
Biggins told The Journal later that the verdict would be appealed. “This is the beginning of a new fight for Mr. Kaushagen,” Biggins said. He noted that the defense had asked three times for a mistrial during the trial.
Meanwhile, Biggins said that the defense counsel was disappointed in the jury’s verdict, but relieved that it found Kaushagen guilty of the lesser offense.
“What it means is the jury did not believe the testimony about penetration,” Biggins said after the verdict.
County Attorney Jennifer Hasbargen, who prosecuted the case, said she was disappointed that the jury didn’t convict on the first-degree charge. However, she said, that means she can still take Kaushagen to trial on the two pending second-degree charges.
“The second-degree (conviction) vindicated the victim and I am proud she stood up against this and what happened and for herself,” Hasbargen said after the verdict. “She was very brave and I am so proud of her.”
Biggins noted that tests inadmissible in court gave an indication contrary to the jury’s verdict.
The presumptive sentence on a second-degree conviction for someone with no prior criminal history is 21 months prison — stayed and probation, meaning he will not serve any jail time on the conviction unless he is convicted of another crime.
“If the court follows the guidelines, he’ll be placed on probation and the prison time will be stayed,” he said.
However, should the county attorney seek an upward departure from the guidelines, a sentencing jury would be brought in to decide, Biggins added.
“I believe this man was wrongly convicted, and I’m learning after 10 years in the business, that this happens from time to time,” he said.
However, he said, he was concerned that the case, which began in April 2005, was forwarded to the county attorney with a recommendation for a criminal sex charge after less than 29 minutes of interviews and less than four hours of investigation. Kaushagen’s family, he noted, was not interviewed.
Falls Police Sgt. Brian Youso, who served as lead investigator, would not comment on the investigation.
“The case came down to believing the victim and what the victim was saying,” he said. “I believed the victim and am glad the jury saw through the court proceedings and things that come up in a court trial and also believed the victim. Juries have a very difficult job.”›