Bradley Moles was sentenced to 75 months in prison Jan. 31 for one charge of first-degree sexual abuse.
A jury found Moles, 31, John Day, guilty of the charge Jan. 17 in Grant County Circuit Court, while acquitting on four other charges.
Moles was also ordered to complete 45 months of post-prison supervision, register as a sex offender and provide a DNA sample, according to court documents.
In a sentencing memorandum filed by Moles’ lawyer Foster Glass before the hearing, Glass requested the court review letters he said were sent to the court by four jurors. Glass requested “an inquiry of these jurors on the record regarding relevant information as to any misconduct, confusion or misunderstanding (that) occurred during deliberations which lead (sic) to their verdict, which they now claim was inappropriately obtained.”
At the hearing, court records indicate Judge William D. Cramer Jr. said the court received two letters but he did not see any misconduct. A motion for retrial had not been filed so the sentencing continued. Chief Deputy District Attorney Mara Houck said a hearing was scheduled on a motion for a new trial at 3 p.m. Feb. 22, if Glass files such a motion.
In the memorandum, Glass also argued the charge should not be sentenced under Measure 11’s mandatory minimums because “a touching over clothes would be a non-Measure 11 offense.”
Under Measure 11, first-degree sexual abuse carries a mandatory minimum sentence of 75 months.
Cramer said he did not believe he had authority to reduce a Measure 11 sentence and imposed the 75-month sentence.