LOGAN — A preliminary hearing has been scheduled for a 45-year-old Logan man suspected of sexually assaulting a teenage girl during a sleepover at his home.
Michael B. Malan appeared with his defense attorney, Susanne Gustin, in 1st District Court Tuesday morning. He has been charged with one count of forcible sodomy, a 1st degree felony.
Gustin asked the court for a preliminary hearing where prosecutors will present their evidence in the case and Judge Brian Cannell will determine whether Malan will be bound over for trial.
Police report the alleged victim, who was under 18-years-old at the time of the assault, claimed she was spending the night at Malan’s home in May 2017. In the middle of the night, she woke up and found the suspect performing sex acts on her.
After reporting what happened, the girl agreed to have a sexual assault forensic exam done to attempt to collect DNA samples. The rape kit was sent to the Utah State Crime Lab for analysis.
Malan was originally arrested in May and later released, pending the investigation. Charges weren’t filed until November 2018, after the state crime lab finished examining the DNA evidence.
During Tuesday’s court appearance, attorney’s told the court that the upcoming preliminary hearing will likely last several hours. It was scheduled for August 1.
Malan remains out of jail. He could face up to life in prison if found guilty.