Former OHS Teacher Convicted in Sexual Abuse Hires New Attorney
Sept. 7 sentencing date canceled to allow new lawyer to review transcripts.
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Fry is still being held in the Kendall County jail after his bond was revoked upon his conviction July 21.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.
Vicki Pawlowski Dallmann
10:32 am on Thursday, August 25, 2011
Does this creep have a wife... kids of his own?
Steven Jack
11:16 am on Thursday, August 25, 2011
Vicki, I know he is married.
Vicki Pawlowski Dallmann
12:23 pm on Thursday, August 25, 2011
Not for long, I'm betting... My heart really goes out to the wife. Can't imagine getting that kind of news.
Jennifer Carden Boyken
11:45 am on Thursday, August 25, 2011
how many yrs did he teach there ?
Kicknbutt Taknnames
5:04 pm on Thursday, August 25, 2011
Steven,
Thank you for the update. I am highly disappointed that the sentencing will not occur on Sept 7th as I took a vacation day just to be there to hear the sentence as well as possibly speak up against Mr. Dale Fry. However, I still plan on being there November 28th. If you would please continue to update us if any further changes are made. I am watching these posts very closely as I don't want to miss seeing him and hopefully justice be served.
Karina Zhou
4:31 pm on Tuesday, August 30, 2011
At 16, you're old enough to be behind the wheel of a deadly, two-ton piece of metal carrying dozens of gallons of highly explosive liquid, but if a 17-year-old decides of her own free will to perform a sexual act, the recipient is guilty of "aggravated criminal sexual abuse". What a crock. I hope his new lawyer gets him off on a technicality and he moves to one of the vast majority of countries where the age of consent is a more reasonable 16.
Jane Enviere
7:49 pm on Tuesday, August 30, 2011
Yeah, and an 18 yr old can go off to war, but the drinking age is 21. What's your point? Kind of scary to take up the case of a 50-something year old man, in a position of authority, who has sexual contact with a student.
Just what all parents want -- a law that says it's ok for a 16 yr old to have legal sexual contact with a 60 yr old. OK. That makes sense. A little more research on why teenagers, particularly females, even become sexually active might be enlightening. It's not often because they are in love. Or just in the mood. Especially when you are talking about contact with an adult in this situation.
The law is designed to protect the vulnerable. It's hard to make a legitimate case that a 50-something year old man is the vulnerable one in this situation. I'm glad it's not just bad judgment. It is, and should be, criminal.
It all comes out in the wash
7:29 am on Wednesday, August 31, 2011
Are you serious? Did you read the other posts when this was 1st on Patch. I hope you never have a daughter who some pervert stalks and does this to. In this country its a criminal act period. Perhaps other countries allow this but here in our country it's against the law. Now go check out postings from other students he did the same thing to. Your comments are a crook.
Jennifer Carden Boyken
7:47 am on Wednesday, August 31, 2011
you really think an impressionable 16 yr old female is mature enough to consent to sexual act with an adult? Hmm. nice pair of rose colored glasses you have
Sally Jamieson
8:17 am on Wednesday, August 31, 2011
ANY sexual act between teacher and student is inappropriate at ANY age! A 16 year old does not have enough maturity to make a decision like that because a 16 year old can't see the consequences of his/her actions. This teacher violated the trust put in him by the district and by the Parents. This is just wrong on so many levels.
Kicknbutt Taknnames
4:37 pm on Wednesday, August 31, 2011
Karina,
You have a right to your opinion and I have to say I respect what you have said. However, you do not know all the facts and history regarding Mr. Dale Fry. This is NOT his first offense. Believe me. I posted this on the first time this article was up. I, too, was a victim of Mr. Dale Fry many years ago when I was about 16 or 17. This was many many years ago but yet he was still an adult in his 30's. Mr. Fry is a predator and he prays on young ladies who have no self confidence or self esteem. He makes them feel as they are the only one in his life. Although at the time he was not married, but he is now and has been for quite awhile. I don't know if his wife is still with him or not. But he has been doing this for quite a long time. He is a very smart man who has learned over many years how to prey on the unsuspecting ladies. More so, even if I would concede to your opinion (which I don't) a 50 some year old man regardless if he is married or not has no business what so ever with a teen no matter if the teen is 16, 17 or 18. I don't know how old you are, but I remember when I was a teen and the tatics he used. Mr. Fry is very good at what he does and I for one am glad he has finally been caught. As I mentioned before, I only wish I had the courage and was brave like this teen and her family. I may have been able to stop a repeat offender and saved many unsuspecting young teen ladies.
Kicknbutt Taknnames
4:47 pm on Wednesday, August 31, 2011
Btw, Karina in case you haven't had the pleasure of reading the previous article, please click on the link below and read not only the original article but the comments given.
http://montgomery.patch.com/articles/former-ohs-teacher-found-guilty-of-sexually-abusing-student
And for the record, I don't condone this behaviour in any adult whether it is their first offense or not. The adults no matter how old the teen, will ALWAYS have the upper hand. It is not a choice the teen makes of free will because the adult KNOWS how to minipulate the situation to get what they want in the end. I know this because as I said I have been there and done that and am now a survivor of such abuse. I really hope the new lawyer falls flat on his face and doesn't find a loop hole or whatever to get Mr. Fry off as he is where he belongs and needs to be. I rest a bit easier for my soon to be teen daughter knowning he is behind bars.
Sally Jamieson
8:20 am on Friday, September 2, 2011
Tyler NONAME, Would you feel the same way if this had been YOUR daughter? You wrote "If she had been raised right, this wouldn't have happened." So, let's blame the victim and her Parents? Are you serious? A teacher is there to educate our children, not take advantage of them. He violated the trust that Parents and the district put in him. This girl is not his first victim! Have you read previous posts in earlier articles about this teacher? He is an abuser and deserves to be punished for it. This man should never be allowed to teach ever again.
Jennifer Carden Boyken
8:37 am on Friday, September 2, 2011
Tyler noname. Sure is easy to say why didn;'t you.. or you should have...she was a young girl and the abuser was a person of authority. Don't judge her. Untill you know what it is like to be a victim in this type of situation . I flagged your post. Seriously thats blame the victim
It all comes out in the wash
8:38 am on Friday, September 2, 2011
NO Name you must be a male as you would never understand unless this happened to you. Walk in these children shoes and then come to the table with something intelligent to say. Otherwise if you want to defend a GROW perverted ADULT vist him in jail.
It all comes out in the wash
8:46 am on Friday, September 2, 2011
PS I am refering directly to No Name comments and being a young male. PS Our laws in this country protect children from perverts like this. And it wasn't his first time but hopefully his last. And here is something for you to know, chances are that everyone he has done this to will never get over it. Some easier than others.
Oswego schooler
10:30 am on Friday, September 2, 2011
I hope he gets in alot of trouble for this.....
MM
11:52 am on Wednesday, September 7, 2011
When I was in high school I had Mr. Fry and knew something was not right with that man. Just one of those gut feelings. I even challenged my peers who adored him to see my point of view. When Dale Fry caught wind of this, he publicly humiliated me and ostracized me from my classmates. Like another commenter said, this man knows how to manipulate young females. I'm glad someone had the guts to speak up and I hope that she gets all the help and counseling she needs to get through this difficult time. To me, she's a local hero.
It all comes out in the wash
12:34 pm on Wednesday, September 7, 2011
MM you were on to his game and good for you for standing up and going with your gut. See its women like you he left alone unless you were on to his game and voiced it. What you siad tells me he knew what he was doing then and how to protect himself if someone was on to him. I hope he is spending his days in the population of the jail and not in protective cell. I bet his manipulating days are over. I hope every women he did this to shows up in court the day he is found guilty and receives his jail term... Perhaps it may help them see justice served.
Pam
10:49 am on Tuesday, March 6, 2012
Sentencing is set for March 9th, this Friday.
Pam
1:14 pm on Wednesday, March 7, 2012
Sentencing delayed again. No date known.
Tammy Moletz
9:35 am on Saturday, April 21, 2012
I would like to know if anyone has any current updates to this story. I am interested in finding out the outcome, if he appealed or received sentencing. I would also like to know, if sentenced, what jail house he is at. I do hope his sentencing either is coming up, as I would like to attend, or it has been done and the key is lost for many many decades of his life. Please if anyone knows, please post the update here. Thank you in advance for any and all responses. :)
Squail
9:15 pm on Thursday, May 10, 2012
He still has not been sentenced yet. He was charged over two years ago.
Steven Jack
9:46 pm on Thursday, May 10, 2012
Folks, Next court date is May 16 at 1 p.m.
It all comes out in the wash
1:09 pm on Friday, May 11, 2012
I hope every student this pervert scumbag abused over the years shows up in court on this day to see him sentenced.
Tammy Moletz
9:07 pm on Wednesday, May 16, 2012
I was able to go to the courthouse today and was sickened to my stomach by the procedings from the defense attorney. Once again the sentencing has been postponed. I don't know how much I can say here but let's just say what was said was crap by the defense attorney. To see how smug Mr. Dale Fry was when he learned it was going to be continued made me sick. He was winking at his family and smiling and shaking his head in a yes gesture.
So it is now continued to July 2012. Before I go any further, I am also Kicknbutt Taknnames that posted on here. I have since came "out of hiding". I ask that anyone and everyone that has had the misfortune of falling victim to Mr. Fry to please come forward and speak. Please do not stay silent any longer. I know how hard it is, believe me I do because I am walking that path too. But us survivors have to stick together to ensure our children of the world stay safe. I know you may be scared, but find whatever can empower you to come forth, stand up and be heard.
Steven, to you I want to say thank you very much for keeping this alive and updating it as you have been. It has allowed me to finally be able to come out of the shadows myself and be seen and heard.