DIXON – A Lee County judge will decide by May 16 whether accusations of prior sexual abuse may be admitted in the trial of a Dixon man accused of having sex with a 12-year-old girl last year.
Russell A. Frey, 36, is charged with two counts of sexual assault of a child younger than 13. Police say he had sex with the girl in 2012, in January and February.
Assistant Attorney General Christina Chojnacki argued Tuesday that statements made in a July 31 interview with a boy who said Frey started touching him inappropriately about 12 years ago, when he was 3 or 4, should be allowed.
According to the prosecution, the boy said the incidents resumed when he was 7, then stopped, then started again when he was 11.
The girl also said Frey had sex with her previously, although she could not remember her age at the time, prosecutors said. Chojnacki is asking that those statements also be admitted.
Under state law, because Frey is accused of predatory criminal sexual assault, evidence that he previously committed the offense of predatory criminal sexual assault may be admissible at trial, Chojnacki said.
Frey was acquitted of aggravated criminal sexual abuse in 1996.
Andrew Bollman is Frey’s attorney. “In the larger scheme of things, what we’re concerned about is a fair trial,” he said.
Judge Ronald Jacobson said he will issue a written decision by Frey’s May 16 status hearing.
Frey pleaded not guilty in March 2012. He is in Lee County Jail on $250,000 bond.
In August 1994, Frey, then 17, pleaded guilty to conspiracy to commit murder for his role in a plot to kill a Dixon man and got 4 years of probation.