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Rackow bound over for trial on sex assault charges
MONROE - James Rackow, 48, Juda, was bound over for trial following a preliminary hearing Friday in Green County Circuit Court.

Rackow is charged with two felonies for allegedly entering a woman's rural Juda home on Aug. 31 and sexually assaulting her while she was unconscious.

Green County Judge Thomas Vale said there were some inconsistencies among the testimonies given in court Friday but found enough evidence of probable cause to proceed to trial. A preliminary hearing, he added, is to test allegations before forcing someone to stand trial, and the court only has to find enough evidence supporting probably cause.

Vale order Rackow's bond conditions to be continued. Arraignment was set for Oct. 1.

Four people gave testimony Friday.

District Attorney Gary Luhman called to the witness stand two members of the Green County Sheriff's Department, who investigated the complaint the day after the incident occurred, and a member of the victim's household, who was present in the house at or near the time of the alleged assault.

Luhman also entered several exhibits into evidence, including a report from the Monroe Clinic Hospital on the sexual assault examination performed there.

Defense attorney Peter Kind called to the stand one witness, who identified herself as a friend of the victim, who was co-hosting a pool party for friends, including the alleged victim, in an area adjacent to the house in which the incident was said to have occurred after the party moved to another location.

Neither the household member nor the friend called for law enforcement or for medical help that evening, and both said they did not give Rackow permission to enter the home.

More than two hours of conflicting testimonies did not nail down whether the alleged victim was actually unconscious at the time of the incident. Kind attempted to show that the testifying witnesses had considered the woman to be coherent and capable of making decisions at the time.

Vale said her memory may be suspect because she was consuming alcohol at the party, but, he added, in the big picture, the victim did tell the investigating detective and sheriff's deputy she did not give consent to having sex with Rackow that night.

Rackow is charged with one count of second-degree sexual assault, a Class C felony, and one count of burglary, a Class E felony. If convicted on both counts, he faces up to $150,000 in fines or 55 years imprisonment or both.

Rackow remains free on a $5,000 cash bond and a $5,000 signature bond, with the additional conditions that he has no contact with four of the individuals who were present at the house the night of the alleged incident.