Brian J. Clough, 20, was charged with assault after the alleged incident May 30, 2007. Clough was found not guilty after his trial on March 28.

Clough’s reputation has suffered, said his defense attorney, Steven Juskewitch. Clough lost his job at a local bank and was removed from the local fire department where he volunteered. The fire department has since taken Clough back, the attorney said.

The girl, who was 10 at the time of the alleged assault, testified during the trial that a man had been following her and a friend and then came around an aisle, brushed against her and touched her “lower private spot.”

The girl never identified Clough in a photo lineup, Juskewitch said.

“The alleged victim herself cannot make an identification,” Juskewitch told Staples during the trial.

The girl had told Ellsworth police officers that an “old man” about 60 had touched her, according to court testimony. She described her assailant as about 5-foot-6, and clad in a gray hooded sweatshirt, baseball cap and jeans.

Juskewitch repeated to the judge that the girl described the man as “an old man in his 60s.”

“They were able to come up with Brian in a gray sweatshirt and hat,” said Juskewitch.

Prosecuting attorney Mary Kellett questioned the girl about her description of the man.

“What was it about the man that made you think he was 60?” Kellett asked.

“I saw wrinkles,” the girl said.

Investigating officer Chad Wilmot enlisted surveillance video from Wal-Mart in identifying possible suspects.

Juskewitch said a Wal-Mart security employee testified that he was told to look for someone with letters on his sweatshirt but that the girl never said the sweatshirt had letters.

The case has “three tragedies,” said Juskewitch.

The first is that a 10-year-old girl was molested in Wal-Mart. The second, “we don’t know who did it,” he said. And lastly, an innocent person was charged with the crime, he said.

“A person is innocent until they admit it or it’s proven in a court of law beyond a reasonable doubt,” Juskewitch said.

Kellett did not return a call seeking comment before press time.