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Witnesses: Alpena sex trial a long time coming

News Photo by Julie Riddle Defense attorney Rick Steiger, left, confers with defendant Todd Agar as Judge Jason Elmore listens in Alpena’s 26th Circuit Court on Thursday.

ALPENA — Seventeen years after police first learned an Alpena man may have enticed several minor girls into having sex with him, a judge will announce today whether he finds Todd Allen Agar guilty of first degree sexual assault.

Agar’s trial, which began Tuesday in Alpena’s 26th Circuit Court, included testimony from several women who said Agar, now 52, had sex with several 14-year-old girls in 2004 and 2005, when he was in his 30s, and sexually assaulted several other young girls on other occasions.

Defense attorneys attempted to cast doubt on witnesses’ testimonies and on the effectiveness of law enforcement investigations, calling Agar a “jerk” but saying he still deserves a fair shake in court.

After three days of testimony, Judge Jason Elmore on Thursday evening said he would render a verdict on Friday morning.

Elmore, of Wexford and Missaukee counties, presided over the trial to avoid a conflict of interest for Alpena Judge Ed Black.

News File Photo Todd Agar, center, sits between defense attorneys Julie Miller, left, and Rick Steiger at Agar’s trial in Alpena’s 26th Circuit Court in this 2022 News archive photo.

Agar, who had been scheduled for a jury trial, requested and was granted a bench trial on the day the trial began.

Four women and several police officers testified during the trial, describing incidents and investigations spanning two decades.

According to testimony, after Agar in 2005 allegedly had sex with a 14-year-old who believed he may have been her father, the girl’s mother read about the encounter in the girl’s journal and told police.

An ensuing investigation did not lead to charges against Agar.

Several years later, according to testimony, a teenager told an investigator that Agar had intimately touched her starting when she was about six, progressing to enticing her into sex when she was about eleven.

That accusation, which emerged during an unrelated child protective services investigation in 2010, also did not lead to sexual assault charges, even when Alpena police contacted the woman again in 2015, asking her to testify against Agar.

Charges filed by the Alpena County Prosecutor’s Office in 2018 related to the 2005 accusations were dismissed the following year when attorneys failed to meet a deadline to uphold Agar’s right to a speedy trial. Charges were re-filed the next day, culminating in this week’s trial.

During the trial, another woman said that when she was 11 or 12, while spending the night at Agar’s home, she woke up with his hand inside her clothing, touching her intimately. He had also told the girl she might be his daughter.

The News does not identify survivors of sexual assault without their consent.

During witness questioning on Wednesday and Thursday, defense attorneys Rick Steiger and Julie Miller, of the Northeast Michigan Regional Defender Office, interrogated the women who accused Agar, pointing out inconsistencies in their stories over the past decade and a half.

Contradictory details about locations, dates, ages, and even brands of alcohol throw doubt on the women’s stories, Miller said during closing arguments on Thursday.

She listed many potential witnesses the prosecution could have interviewed and produced at trial to verify facts, saying the prosecution failed to dig deeply enough for the truth and to make sure all necessary evidence was available at trial.

Elmore would not allow testimony from two witnesses called by Alpena County Prosecutor Cynthia Muszynski, saying she had not laid an adequate foundation for their testimony to be heard.

The two men would have spoken about photos possibly depicting child sexually assaultive material allegedly found on Agar’s electronic devices and emails between Agar and another person in which Agar allegedly discussed sexual encounters with a minor.

During questioning, the defense probed closely into the motivations of one of the women, insinuating that she convinced the other women to testify against Agar as part of a personal vendetta against him.

Steiger played portions of a police interview of the woman, including a segment during which she told police she wanted to “get him,” referring to Agar.

“Todd Agar is a jerk,” Miller said during closing statements, describing her client’s outbursts and other disrespectful behavior during years of court hearings. Agar was wrong in drinking and engaging in adult behavior with minors, but, Miller said, “That doesn’t mean he’s guilty of these charges. That doesn’t mean he accosted them.”

In her closing statements, Muszynski enumerated the accusations against Agar, including his confession to police that he had an ongoing sexual relationship with one of the girls for several years, starting when the girl was 15 or younger.

While the women’s stories detailed separate, seemingly unrelated incidents, they included similar themes of Agar allegedly using grooming tactics to win young females’ trust, ending in sexual assault and lifelong emotional trauma for the women, Muszynski said during her closing.

The trial was a long time in coming, several of the women said during tearful testimony.

This morning, Elmore will announce his verdict, he said at the end of the court day on Thursday.

A person convicted of the charges against Agar can be sentenced to up to life in prison.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.

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