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A woman initially charged with several first-degree felonies alleging she sexually assaulted a Cache Valley teenager now faces amended charges after a judge found a lack of probable cause for the majority of the original accusations.

Kyli Jenae Labrum, 30, appeared in 1st District Court on Tuesday for a preliminary hearing on 10 counts of first-degree rape and one count of second-degree forcible sexual abuse.

After hearing testimony from a Smithfield Police officer and reviewing written statements from the alleged victim and family, Judge Angela Fonnesbeck bound Labrum over for trial on the one second-degree count but found there wasn’t probable cause for more severe felonies.

Cache County prosecutor Clark Harms moved that the court amend the 10 charges to third-degree felony counts of unlawful sexual conduct, and Labrum was bound over on the lesser charges.

During the hearing, Smithfield Police Officer Steven Downey testified that Labrum and the alleged victim were separated in age by 10 years and conceived a child when the alleged victim was 17 years old. Downey told the court he retrieved two buccal swabs from the child, Labrum and the alleged victim. After submitting the swabs for testing, Downey said, there was a “99.9” percent likelihood that the alleged victim and Labrum were the the child’s biological parents.

Downey told the court there had been “several anonymous complaints” to police about Labrum’s relationship with the alleged victim; he then made contact with the alleged victim and his family and invited them to participate in interviews.

“I was actually surprised,” Harms told The Herald Journal after the hearing, explaining he did not have any information regarding anonymous sources initially reporting the incident.

Harms told the court the sexual interactions were “pretty well documented” and met the statutory definition of rape because Labrum held a “position of special trust” over the alleged victim. It was indicated Labrum had, at one point, been a babysitter and had a more-than-incidental relationship with the alleged victim’s family.

While defense attorney Greg Skordas agreed that the “numerous” sexual incidents between his client and the alleged victim were clear, establishing that she had a “position of trust” over the alleged victim required more than prosecutors had presented to the court. Skordas said Labrum’s behavior wasn’t “smart, or right,” but it wasn’t in line with first-degree felonies.

Fonnesbeck met in chambers with the attorneys briefly to discuss the Labrum’s alleged position of special trust. Afterward, she said she’d concluded Labrum certainly had a “close friendship” to the parties involved, but didn’t fall into a category of special trust.

At the advice of Skordas, Labrum declined to testify during the hearing. She was set to appear for further arraignment and a pretrial conference on Nov. 15.

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