Bus driver wins appeal in sexual assault case

MADISON, Wis. (AP) - A Wisconsin appeals court overturned a former school bus driver's conviction in the sexual assault of a student, ruling that a lower court improperly excluded some background about his accuser.

The court on Wednesday ordered a new trial for Gene Echols, 26, who was convicted in Milwaukee County of second-degree sexual assault and sexual assault of a child by a person who works with children.

Echols was accused in 2010 by a 15-year-old Whitefish Bay High School student of sexually assaulting her on an unscheduled stop during a morning bus ride to school. She said he threatened to assault her again if she reported it.

Echols said he stopped the bus only because the student threatened to hit him with a snowball. He argued the student made up the story of the assault, and tried at trial to introduce evidence she had a history of violence-involved misconduct at school. He said she was at risk of being dismissed from school for any further problems.

The trial court refused to admit the student's disciplinary records, saying they were unlawfully obtained and would be an invasion of privacy. The court also said it found no evidence that behavioral issues made a motive to fabricate an assault claim.

The appeals court said the background on the accuser was properly obtained and should have been allowed.

A call to Echols' attorney for comment was not immediately returned.

No new trial date was immediately set.