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Evidence Allowed in Mabry Re-Trial
Some areas of evidence used in the original trial of a Galesburg man accused of attempted murder will be used again in the re-trial. Knox County Circuit Court Judge James Stewart Wednesday granted a prosecution motion allowing the re-use of some evidence in the case against 41-year old Jerry Mabry. He was convicted in 2004 on charges of Attempted First-Degree Murder, Aggravated Battery, and Unlawful Restraint, but was acquitted of a charge of Aggravated Criminal Sexual Assault, after allegedly being accused of beating and repeatedly raping a then-39-year old Galesburg woman inside her Mulberry Street home in Mid-June of that year.

Knox County State's Attorney John Pepmeyer wanted to include in the re-trial evidence taken from the area of a chaise lounge and a living room floor. Mabry, once again representing himself in the case, claimed that Pepmeyer was "somewhat confused" in what he was asking for.

Judge Stewart also granted a motion filed by Mabry that would exclude any reference to a man who may have come up during the original trial.

Mabry was granted a new trial after allegations surfaced following the first trial of juror misconduct.

Mabry is currently being held in the Knox County Jail on one-million dollars bond. The next scheduled date in the case is the re-trial on October 20th.
09 04 08 by Newsroom
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