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Prior accusations ruled admissible

Judge cites similarity of allegations

Published: Friday, May 17, 2013 1:15 a.m. CST

DIXON – Accusations of prior sexual abuse will be heard at the trial of a Dixon man now accused of having sex with a 12-year-old girl last year, a Lee County Judge ruled Thursday.

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.

Judge Ronald Jacobson said he was granting the state’s motion to admit the allegations because there are “significant similarities” between current and past allegations of abuse.

In a July 31 interview, a boy said Frey touched him inappropriately about 12 years ago, when he was 3 or 4, again when he was 7 and 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.

The similarities are the ages of the children when, they said, Frey abused them, and the language he asked the girl to use in multiple incidents.

Although the girl could not remember the date of one of the prior incidents, Jacobson said the time frame in which it could have happened was close enough to the timing of the offense Frey is charged with that state law allows those prior allegations to be admitted.

A hearing was set for June 4.

Frey pleaded not guilty in March 2012. He is in Lee County Jail on $250,000 bond.

He was acquitted of aggravated criminal sexual abuse in 1996. 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 was sentenced to 4 years of probation.

 

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