The former Oswego High School teacher convicted last month of sexually abusing a student has hired a new attorney and will not be sentenced as scheduled Sept. 7.
Nemura Pencyla, Kendall County assistant state’s attorney, said Fry’s new attorney, Larry Wechter of Geneva, will have the opportunity to review the transcripts of the case to decide whether to file any post-trial motions that could lead to a retrial. Fry’s next court date is set for Nov. 28, Pencyla said.
If post-trial motions are denied, a new sentencing date will be set by 16thCircuit Court Judge John A. Barsanti.
Fry is still being held in the Kendall County jail after his bond was revoked upon his conviction July 21.
The former language arts teacher was convicted on two counts of aggravated criminal sexual abuse and one count of criminal sexual assault after engaging in a sexual relationship with a 17-year-old female student dating back to March 2009.
He was found guilty by Barsanti after a two-day bench trial that included testimony from the victim and a witness of one of the acts of abuse.
A relationship between Fry and the girl began in February 2009 on the girl’s 17th birthday when Fry obtained the girl’s cell phone number and began texting her, Pencyla said during closing arguments.
The relationship escalated when Fry kissed the girl in an elevator in the school in March 2009, prosecutors say. He kissed and fondled the girl’s breasts, again on school grounds, in May 2009, Pencyla said.
On Sept. 10, 2009, Fry forced the girl to perform a sex act after school in his classroom, Pencyla said. A school custodian walked in during the incident and said she witnessed Fry tucking in his shirt and buttoning his pants.
Fry told the custodian he and the girl had been placing items on a high shelf in the classroom and his shirt tail had become untucked.
Editor’s note: Fry’s attorney Larry Wechter had not returned a request for comment on this case by the time this story was posted. If he should, his comments will be added to the story.