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Appeals court upholds sexual assault verdict

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news Ellsworth, 54011
Ellsworth Wisconsin 126 S. Chestnut St. 54011

A former River Falls man failed to convince appeals court judges that allowing Pierce County jurors to re-watch a videotape of a child's testimony prejudiced his case.

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Last week, the District III Court of Appeals affirmed Robert H. Magee's conviction of first-degree sexual assault of a child and rejected his request for a new trial.

On March 10, 2006, a Pierce County jury found Magee guilty of assaulting the 10-year-old child in July 2004. He was sentenced to five years in prison followed by 15 years of extended supervision.

Magee, 48, is currently a prisoner at Stanley Correctional Institution.

During the county trial, the child testified on the witness stand and two videotaped interviews of her earlier statements were shown. The first videotape, about 46 minutes long, showed the child's initial report to River Falls Officer Dennis Kreuziger and Tim Markgraf of the Pierce County Human Services Department. The second video, about 39 minutes long, showed the child being interviewed by Beth Ann Carter, a registered nurse.

During deliberations, the jury sent a note asking to see the first videotape.

For more please read the May 28 print version of the Herald.

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