Jury finds guilty on 1 charge, not guilty on 2 others

    A juvenile jury trial addressed three felony sexual assault charges in a Sept. 19-21 trial moved to Logan County District Court in Sterling in a change of venue from Phillips County.
    After close to three hours of deliberation, the jury returned at 1 p.m. Friday, Sept. 21, with a “not guilty” verdict on two separate charges of sexual assault and a “guilty” verdict on a third charge, criminal attempt to commit sexual assault.
    The eight-man, four-woman jury cited in its one “guilty” verdict that the criminal attempt to commit sexual assault was not accompanied by use of actual physical force or physical violence.
    Verdicts for each charge were required to be unanimous from the 12-person jury.
    Prosecuting the case was Chief Deputy District Attorney Tony Gioia.
    Sentencing was tentatively set for Dec. 13 at 1:30 p.m. with Judge Steven Shinn, who presided at last week’s trial.
    The three-day open trial began with jury selection Wednesday; testimonies and assembly of juror instructions Thursday; and instructions for jurors, closing comments from both sides, jury deliberations and verdict Friday.
    Commenting on the trial Monday, Sept. 24, parents of the Holyoke teen who was adjudicated on the one count said they intend to appeal the decision.
    
Charges stem from 2017 incidents
    Four juveniles were charged in sexual assault cases filed in Phillips County District Court July 28, 2017. Last week’s was the only one that went to trial.
    The three charges on the juvenile in the trial all involved incidents in Holyoke homes. The first incident took place sometime between Jan. 1-May 26, 2017; the second on April 3, 2017; and the third on May 26, 2017.
    Four male juveniles took the witness stand Thursday, Sept. 20.
    The first two charges, for which the defendant was found not guilty, included testimony from a victim who was also present at the third incident.
    Two of the juveniles initially charged with sexual assault provided testimony in the trial as the result of proffers.
    The district attorney’s office, which prosecuted the case, offered proffers to the two. A proffer allows individuals charged with petitions in delinquency to agree to be truthful with the prosecution and to testify in further deliberations. As a result, their own charges may be reduced or dismissed, as was the case.
    The final testimony, given right after the lunch break at 1:50 p.m. Thursday, Sept. 20, came from a witness in the third incident.
    The juvenile’s attorney asked for a motion of acquittal to dismiss the three charges, saying the evidence was not sufficient to establish the burden of proof. The judge denied the motion for acquittal, and proceedings continued.
    Calling no witnesses, and with the juvenile choosing not to testify, the defense rested its case.
    A second motion for acquittal was made, at which time the judge reserved a decision for a later time. However, he ultimately denied the request, and the jury finding on three counts held.