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|Evaluation Approved for Convicted Attempted Murder
|POSTED 4:09pm 3/31/09 A Galesburg man convicted twice of allegedly beating and sexually assaulting a woman inside her local home will now have to have an evaluation done before he can be sentenced in the case.
Knox County Circuit Court Judge James Stewart Tuesday ruled that 42-year old Jerry Mabry must undergo a sex offender evaluation before he can be sentenced for a second time on charges of Attempted First Degree Murder, Aggravated Criminal Sexual Assault, and several other felonies.
Mabry's sentencing had been delayed after that question was raised during previous hearings, and whether or not such an evaluation was made after he was convicted in 2004 -- one that wasn't done.
Public Defender Jim Harrell had initially said he didn't think the evaluation was necessary, but told Stewart he now agrees with State's Attorney John Pepmeyer that since Mabry was convicted of several offenses that carry the possibility of probation, the evaluation was necessary as part of the pre-sentence investigation. A state law requiring evaluations of potential sex offenders went into effect in January of 2004, and Mabry is accused of the alleged beating of a then-39-year old woman inside her Mulberry Street home in June of 2004.
Mabry was convicted later that year but was granted a new trial due to alleged juror misconduct. He was convicted again last October. A new sentencing date hasn't been set.
The judge's ruling comes as a letter to the editor Mabry wrote apologizing for the crime was published Tuesday in the Register-Mail, and recently in The Zephyr. In it, Mabry writes that while he didn't intentionally try to hurt the victim, he is sorry for what he did -- saying "I'm not violent purposely."
This, despite the fact that motion for another new trial is pending.
|03 31 09 by Newsroom
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