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Rape suspect released on bail

by KEITH COUSINS/kcousins@cdapress.com
| July 15, 2014 9:00 PM

COEUR d'ALENE - A 26-year-old Canadian accused of rape and sexual battery was released on a $30,000 bond after a judge reduced his bail amount in court Friday.

Joshua Mackenzie, who police allege drove from Alberta to a Coeur d'Alene apartment complex on June 30 and picked up a 16-year-old girl with whom he had an online relationship, has no criminal history in either the United States or Canada. Mackenzie's defense attorney told a judge that since his client is Canadian, no bail bond company would take the initial $50,000 bond.

"This is a consensual situation, not Mr. Mackenzie preying on someone" the attorney said. "My client has every intention to take care of this, but he doesn't have to be in custody to do so."

At 10:30 p.m. on June 30, Mackenzie picked up the girl from her Coeur d'Alene home and checked into a motel room on Appleway Avenue. They spent the night at the motel and, according to a release from the Coeur d'Alene Police Department, had sex.

According to the girl's grandmother, the two had been involved in an online relationship for two years and her mother thought she was camping the night of the incident.

An attorney with the county prosecutor objected to reducing Mackenzie's bail, stating that the man is a "substantial flight risk" because the potential sentence of life in prison is so severe.

Mackenzie's mother and father were at the courtroom at the Kootenai County Public Safety Building and told the judge they thought their son was in Canada on the night the alleged incident occurred.

"Despite the seriousness of the charges, he is a good kid but he made an error in judgment," Mackenzie's father, who is an attorney, said. "He lives with us at home and has never been in any trouble whatsoever."

A preliminary hearing was also waived during Friday's status conference. Mackenzie's attorney said that although they weren't "pleased" with the initial offer from the county prosecutor, the matter would "definitely be resolved" without a trial.