Rape case against Muskthel dropped

Charges of attempted rape against a Walla Walla man were dismissed in Whitman County Superior Court Aug. 18. Robert Muskthel was charged with attempted second degree rape for an incident that occurred in a bathroom stall at Stubblefields Bar in Adams Mall on College Hill in Pullman Oct. 10, 2009.

Defense Attorney Tim Esser of Pullman requested the state drop the charge after resting his case in Muskthel's trial.

He contended the witness contradicted earlier testimony that said she was incapacitated by alcohol during the alleged rape attempt. The felony charge would have involved a prison sentence of 58 to 76 months.

Judge David Frazier granted the dismissal. The prosecution decided not to forward charges of third degree rape, which carry a lesser burden of proof.