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Mallette found not guilty

ALPENA — A jury on Friday found Mark Mallette, a 39-year-old man, accused of criminal sexual conduct involving a family member, not guilty on all counts after 45 minutes of deliberations in Alpena County’s 26th Circuit Court.

Mallette was emotional as a sign of relief at the end of the three-day trial, which began after jury selection on Wednesday.

“I am happy about the verdict, but it doesn’t take away the turmoil away from the family,” Denise Burke, Mallette’s attorney, said.

Mallette had been accused of allegedly forcing a minor to perform sexual acts and of inappropriately touching a minor over a period of several years.

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

In February 2022, Mallette was charged with three counts of criminal sexual conduct in the first degree involving a person younger than 13, one count of criminal sexual conduct in the second degree involving a person younger than 13, and one count of accosting a child for immoral purposes.

Burke’s closing arguments Friday morning highlighted a list of important details, including credibility and inconsistencies in testimonies of witnesses.

The alleged survivor had previously testified Thursday that they had learned of inappropriate sexual behavior around the fifth grade. The alleged survivor testified this is when they realized Mallette’s alleged behavior was inappropriate.

Mallette was also questioned on Thursday by prosecuting attorney Elizabeth Reed about an occurrence of an alleged contact with the alleged survivor.

That occurrence was not related to the charges Mallette faced this week.

Mallette said he apologized at the time and said it was an accident as he mistook the alleged survivor for another family member.

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