TWIN FALLS (KMVT-TV) The first ended with a hung jury, the second trial Franklin ward Osterhoudt conviction was overturned.
Now the state is going after Osterhoudt for the third
He is charged with rape, incest and 5 counts of lewd conduct with a minor.
In their opening statements the prosecution alleges, Osterhoudt had sex with his own daughter on several occasions near and on their sheep ranch in Buhl.
The alleged victim came forward in 2006.
Osterhoudt’s defense lawyer George Essma says in this case there is only one accuser, the victim.
Essma says at the time of the rape allegations the young victim had been dating a young adult man that was 18, but introduced him to the family as much younger.
Once Osterhoudt discovered the true age of the boyfriend, he told the victim never to see him again.
Essma then alleges the victim was overheard saying she would report Osterhoudt for molestation if she wasn't allowed to see her boyfriend.
Essma said "In essence saying I will do what ever it takes for me to get my way so that I can be with my boyfriend."
Essma says there is no physical evidence that supports the claims as well family members will testify saying there is no way the defendant could have raped his own child.
The victim is expected to testify in this case.