East Troy woman declines deal in sex assault case

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staff, Gazette
Wednesday, June 12, 2013

— What was scheduled to be a plea and sentencing hearing Tuesday turned into a trial date for a Walworth County woman charged with sexually assaulting two teen boys.

Walworth County Judge Phillip Koss appeared frustrated as defense attorneys for Rachael McCormick, 38, East Troy, said they could no longer agree to terms of a settlement after the district attorney's office turned over documents they said contain new evidence.

Deputy District Attorney Joshua Grube said he gave defense attorney Joshua Klaff on June 7 a one-paragraph summary of a May 28 pre-trial meeting he had with one of the victims. He said they discussed the facts of the upcoming trial, which originally was scheduled to begin June 6.

He said the meeting was not a "line-by-line" discussion of the victim's statements and said he was not certain the summary had to be turned over to the defense, but he did so in an "overabundance of caution." He said the summary does not contain new evidence.

"This is not a time bomb of discovery," Klaff said.

Klaff said he analyzed the documents during the weekend and decided he could no longer accept a plea agreement due to "potentially exculpatory" information in the document.

"Her life is literally hanging in the balance," he said.

Koss expressed frustration about the timetable for a trial, saying the case has been open for nearly one year.

McCormick is charged with two felony counts of second-degree sexual assault of a child. She is accused of having sex with two boys, ages 14 and 15, on Sept. 29, 2012. Both incidents occurred at McCormick's home, which at the time was in Sharon, according to the criminal complaint.

If convicted, she faces a maximum of 40 years in prison.

A trial is set to start Sept. 3.

Last updated: 7:54 am Monday, July 29, 2013

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