The Oregon Court of Appeals has ruled on a pretrial motion involving a former Albany police officer - more than two years after agreeing to take the case.

In the ruling, which was filed Wednesday, the court reversed Linn Circuit Court Judge Rick McCormick's decision to grant a defense motion by the attorney for John Christopher Fowler, who is charged with sexually abusing an underage girl. The request was to allow testimony during an upcoming trial about the victim's prior sexual history documented in her diary.

The motion was appealed by the Lane County District Attorney's Office, which is prosecuting the case, and it now goes back to Linn County for trial.

The defense argued that the victim's diary contained references to "hugging, kissing and sexual touching" with boys her age, but made no mention of any sexual activity with Fowler. The defense contended the lack of references to Fowler would bolster his case that he was innocent.

The defense further argued that the victim accused Fowler of improper behavior because he was an "obstacle to her continued engagement in such activities," referring to her conduct with other boys.

The appeals court ruled, however, that because "the factual details of the alleged victim's conduct as described in her diary are not relevant to the purpose for which defendant seeks to admit them, we need not consider whether their probative value is outweighed by the danger of unfair prejudice."

Rulings issued by the appeals court often take an extremely long time because of its heavy case load, said Jim Nass, the appellant commissioner for the court. Once a case is argued, the court will rule within six months 80 percent of the time, "but there really is no way to say."

The Fowler case appeal went to the court in September 2006. The court heard arguments on June 5, 2008.

It is not just the delay at the court of appeals that forced postponement of a trial date for Fowler, who was arrested in December 2004.

The month the appeal reached the court in Salem, county court records indicated that Fowler appeared in court at least five times and had five court dates postponed. There also were one

attorney-judge settlement conference, at least one hearing by telephone conference call, and three canceled trial dates.

After Fowler's arrest, he was placed on paid administrative leave, earning $5,015 a month. He collected about $128,000 in wages until he was dismissed from the department in May 2007.