Singer was more interested in the defense’s identity arguments, saying that pleading not guilty in the ’92 case preserved his right to contest that issue here.īut he said the issue hadn’t been brought to the court until that day, and that Wade had been sufficiently identified through letters, testimony and the arrest affidavit. They both pointed to (Wade) It’s ridiculous they’re making this argument. It was,” she said, before arguing that the victims clearly identified Wade in court. She also said the identity argument was disingenuous and that James was making her prove something she didn’t have to prove.
CHARLES WADE TRIAL
She argued that everyone in the court knew Wade’s identity and that the victims shouldn’t have to recite a case number to prove they know what trial they’re talking about. “Both say they identified (Wade) in court, one after another, on the same day, at the same time,” James said, “and the description of the defendant didn’t match up.”Īssistant District Attorney Brittny Lewton attacked several of James’s claims, sometimes as he was making them (Singer had to interrupt arguments from both sides twice, as Lewton and James spoke over each other).
The court later determined that the victims gave the ages in which they met Wade - who then went by Charles Bochy, taking his current last name from his wife, Kathy - and not the ages at which they were assaulted.
In the testimony, he said the victims never referred specifically to the case in question, gave the wrong ages for the time of the incident and seemed to describe different defendants when asked to identify their assaulter in court. The opportunity to cross-examine the witnesses was limited during the trial, James argued, and the defense didn’t have the means to prove or disprove the link between Wade and the testimony in the case. He also said that even if the court did use the testimony, the prosecution didn’t prove without a reasonable doubt that Wade was the man convicted in the prior case. He was found guilty of contributing to the delinquency of a minor in 2006, but was acquitted of the sex assault charges.ĭefense Attorney Robert James, who was appointed after Wade’s trial to take the place of Defense Attorney Christopher Collins, had argued that the court couldn’t use testimony in Wade’s trial from the two victims in his 1992 case. He was also accused of fondling two girls, ages 11 and 13, after giving one of them alcohol.
Prosecutors argued that he was a habitual offender based on a prior conviction in 1992 of sexual assault on a child and sexual assault on a child with a pattern of abuse involving two girls.
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