By Kevin Murphy
For the Times
MADISON - A state appeals court recently upheld a Green County man's sexual assault and battery convictions, rejecting challenges to the sufficiency of evidence at trial, effectiveness of his attorney and juror impartially.
George H. Sergent, 36, was sentenced in October 2007 to seven years in prison and 10 years extended supervision by Circuit Judge James Beer after jurors found Sergent guilty of attempted second- and third-degree sexual assault and misdemeanor battery and disorderly conduct.
According to the District 4 Court of Appeals opinion issued Thursday:
Sergent's convictions stemmed from a woman's allegations that she awoke at Sergent's house in November 2005 to find Sergent pulling off her pants following a night of her drinking with her husband and Sergent. The woman kicked and swore at Sergent, who slapped and punched her and finished removing her pants. The woman got away, leaving the bedroom wearing only a shirt.
On appeal, Sergent's attorney argued that because the victim was clothed when she went to bed and awoke, there wasn't enough evidence to convict Sergent of the attempted assault charges. Also, Sergent didn't receive effective assistance of counsel because his trial attorney didn't challenge the sufficiency of evidence against Sergent.
However, in dismissing both grounds, the appeals court stated there was "only one reasonable conclusion to be drawn regarding" what Sergent intended by entering the bedroom of a sleeping and intoxicated woman and punching her when she tried to get away.
The court also concluded there was no juror bias against Sergent when one juror gave vague answers about whether she could be impartial in the case because two friends had been victims of sexual assault.
Despite Sergent's attorneys' failure to ask questions to flesh out any juror impartiality, the appeals court refused to grant a new hearing on the issue because the defense hadn't shown any basis for finding that the juror was biased.
The court also found that Sergent's trial attorney wasn't ineffective for failing to attempt to attack the victim's credibility by introducing her six pending criminal charges, that she was on probation at the time of Sergent's assault and that she had previously lied to the police. Such evidence would have supported the theory that the woman lied about the assault to divert attention from her violating probation by drinking, according to the opinion.
The court disagreed. Even if the allegations are true "they don't support Sergent's theory because another member of the household called the police after the victim came running out of the bedroom wearing only a shirt, claiming Sergent had assaulted her," according to the 11-page opinion.
A call to Sergent's attorney for comment on the decision wasn't returned before deadline.
Sergent remains incarcerated at the New Lisbon Correctional Institution.
For the Times
MADISON - A state appeals court recently upheld a Green County man's sexual assault and battery convictions, rejecting challenges to the sufficiency of evidence at trial, effectiveness of his attorney and juror impartially.
George H. Sergent, 36, was sentenced in October 2007 to seven years in prison and 10 years extended supervision by Circuit Judge James Beer after jurors found Sergent guilty of attempted second- and third-degree sexual assault and misdemeanor battery and disorderly conduct.
According to the District 4 Court of Appeals opinion issued Thursday:
Sergent's convictions stemmed from a woman's allegations that she awoke at Sergent's house in November 2005 to find Sergent pulling off her pants following a night of her drinking with her husband and Sergent. The woman kicked and swore at Sergent, who slapped and punched her and finished removing her pants. The woman got away, leaving the bedroom wearing only a shirt.
On appeal, Sergent's attorney argued that because the victim was clothed when she went to bed and awoke, there wasn't enough evidence to convict Sergent of the attempted assault charges. Also, Sergent didn't receive effective assistance of counsel because his trial attorney didn't challenge the sufficiency of evidence against Sergent.
However, in dismissing both grounds, the appeals court stated there was "only one reasonable conclusion to be drawn regarding" what Sergent intended by entering the bedroom of a sleeping and intoxicated woman and punching her when she tried to get away.
The court also concluded there was no juror bias against Sergent when one juror gave vague answers about whether she could be impartial in the case because two friends had been victims of sexual assault.
Despite Sergent's attorneys' failure to ask questions to flesh out any juror impartiality, the appeals court refused to grant a new hearing on the issue because the defense hadn't shown any basis for finding that the juror was biased.
The court also found that Sergent's trial attorney wasn't ineffective for failing to attempt to attack the victim's credibility by introducing her six pending criminal charges, that she was on probation at the time of Sergent's assault and that she had previously lied to the police. Such evidence would have supported the theory that the woman lied about the assault to divert attention from her violating probation by drinking, according to the opinion.
The court disagreed. Even if the allegations are true "they don't support Sergent's theory because another member of the household called the police after the victim came running out of the bedroom wearing only a shirt, claiming Sergent had assaulted her," according to the 11-page opinion.
A call to Sergent's attorney for comment on the decision wasn't returned before deadline.
Sergent remains incarcerated at the New Lisbon Correctional Institution.