Fourth District Court Judge Richard Davidson had found Osborn guilty of the charges on March 26th in connection to alleged sexual conduct with a 14-year-old girl last summer. At the time, Davidson found that the state had proved Osborn and the girl engaged in sex acts on the night of July 16 into July 17th, 2014.

The 14-year-old testified that the sexual encounter occurred sometime that night around 11 p.m. to midnight, while Osborn’s daughter slept in the family’s living room. In his verdict, Davidson said a “window of opportunity” for the acts opened from 11:05 to 11:35 p.m. At trial, Osborn told the court he went to bed at 11 p.m. and didn’t get up until the next morning. Osborn’s daughter testified that she was awake throughout the night until about 3 a.m.

Defense attorney Jordan Glaser filed a motion for a new trial or judgement of acquittal, noting new evidence that revealed the daughter had texted with a friend, with messages sent in numerous intervals spanning from 10:47 p.m. to 11:31-p.m. Davidson granted a new trial because of the that evidence.