Former OHS Teacher Dale Fry's New Defense: Erectile Dysfunction
Former language arts teacher says sexual performance problems should have been part of original sexual abuse defense.
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Dale Fry, the Oswego High School teacher convicted last year of sexually abusing a female student, testified in Kendall County court Wednesday that his battle with erectile dysfunction was a factor that was never brought forward in his trial, and could have played a key role in his defense.
In a post-trial hearing to determine whether Fry could receive a new trial with a new attorney, the Woodridge resident said he had been struggling with a decreased sexual drive, hypogonadism and erectile dysfunction since about 2000. Fry also said his previous attorney, Philip Nathe of Naperville, told him that his medical condition would have no bearing on the case.
“I thought it was important enough that it be brought up because of the charges against me,” Fry said.
Fry was convicted on two counts of aggravated criminal sexual abuse and one count of criminal sexual assault last year after engaging in a sexual relationship with a 17-year-old female student dating back to March 2009.
He was found guilty by 16th Circuit Court Judge John 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, Assistant State’s Attorney Nemura Pencyla said during closing arguments in July.
The relationship escalated when Fry kissed the girl in a school elevator 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.
Nathe also was called to testify. He said even through Fry told him of decreased sexual drive, among many other ailments, erectile dysfunction was never discussed.
After the guilty verdict, Fry hired a new attorney, Larry Wechter of Geneva. Wechter was given the opportunity to review the transcripts of the case and Nathe’s notes, and the trial entered post-trial motions late last year.
On Wednesday, Wechter also called Fry’s wife, Lesley, to testify about medical records showing his condition dating back to 2004. She presented a pill bottle filled with Fry’s prescription for Viagra. That prescription dated to September 2010, a full year after the allegations against Fry surfaced. Lesley Fry said she could find no other prescriptions for the erectile dysfunction medication dating before then.
Wechter asked Barsanti for another continuance in the case so that he may have more time to review further notes Nathe presented Wednesday. Barsanti refused, giving Wechter 10 minutes to study the notes. Pencyla said Wechter was only trying to drag the case out even further.
“This is just another attempt to prolong this case and inconvenience the victim and the witnesses in this case,” he said.
At the end of an afternoon of testimony, Barsanti did continue the case until July 12. Barsanti may rule at that time if a new trial is warranted. He may also choose to sentence Fry on that date.
Walt Hines
7:34 am on Thursday, May 17, 2012
My heart goes out to you Miss. As a father of 3 young ladies I can't imagine anything worse than to have a pervert abuse my daughters in anyway, shape or form. I will say my prayers for you and I know that the good Lord will provide you with the strength and courage you need to go on with your life.
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This garbage should be castrated and it would alleviate his failing Johnson. Our court system is broke to say the least. I think we should take our cue from other countries, an eye for an eye. I have a very sharp meat clever I'm willing to donate.
Kathy
7:49 am on Thursday, May 17, 2012
Amen to that Walt! I have one daughter and the first thing that would come to my mind would be a "sharp knife". Period. End of story. I like to think that justice will prevail but the courts fail too many victims.
cindy
10:24 pm on Thursday, May 17, 2012
Walt,
I so agree with you! My children are now young adults, married and have been a part of our community. I have two beautiful granddaughters and my daughter and her husband protect them at all cost. I believe you with the court system, it is too sad that the victims do not get the justice! that is so deserved! Why are the criminals protected? To sad! I too pray and perhaps the laws will see the truth in the eyes of God.
Kathy
7:37 am on Thursday, May 17, 2012
Miss/Ms/Mrs. Moletz -- I commend you for speaking up and making others aware. You are truly a strong individual. Hopefully, if there are more victims, they read your impassioned statement and come forward to see that justice is done.
It all comes out in the wash
9:15 am on Thursday, May 17, 2012
"battle with erectile dysfunction was a factor ." Are you serious really, what a lame excuse. they should give you more time for this excuse.This is one SICK SOB that deserves nothing but time in the pokey..Perhaps he should have addressed this with his wife.Tammy you are doing the right thing and in doing so I hope this helps you. Remember you were a child and he took advantage of that. My thoughts are with you..Never ever think you did anything...he did. This was his MO.This bastard scared you for life as well as others. I hope everyone he did this to shows up in court. I'm with Walt, This garbage should be castrated ! Larry Wechter of Geneva, I hope you don't have children and to bring this defence as a reason is grasping at straws.Why would you represent such a scum bag?
Oswego Resident
9:40 am on Thursday, May 17, 2012
All sex offenders should at the very least never see the light of day again. Why do these evil sick people get slapped on the wrist? We as a society punish a thief harsher than an adult who sexually abuses a child? These children will never be the same. They are defenseless against an adult. If punishment is death or life in prison is the outcome then theses stories will be far and few between. Look at how drinking and driving is all over the news and posted on signs. We need to bring more awareness to this issue and talk to our legislation about changing the laws and punishments.
Tiffany Syverson
5:21 pm on Thursday, May 17, 2012
I went to Oswego my freshman year and I remember the name but I can't place him. What class did he teach?
Anna
9:27 pm on Thursday, May 17, 2012
Yes he taught language arts. My daughter had him as a teacher the year he was arrested.
KitKat0403
3:02 pm on Friday, May 18, 2012
While what he did was wrong and I hope he gets what he deserves, the girl was 17... she wasn't the only one sending those text messages. Her mother was the reason this ended up going to court, the girl apparently didn't innitially want to go to court. I could see if this was a child or young teen but this girl was one year away from being legal... it's not like she was a complete innocent victim. However, I know Mr. Fry's attitude and how he likes to mannipulate people to make them feel like he is superior and the fact that he gives them attention makes them feel special. I know how he works. He is scum and I really do feel sorry for everyone who had the displeasure of meeting this creep even more so for those he took advantage of.
Anna
6:34 pm on Sunday, May 20, 2012
I know what you were getting at and agree. These girls have to have some responsibilty also. I mean she would be an adult in 12 months or less. It is however sickening for a person of his stature to take advantage of anyone let alone a student!
Jane Enviere
7:19 pm on Sunday, May 20, 2012
Wow - I thought this was 2012 and we had evolved beyond blaming the victim. Might want to do a little reading on the psychology of sexual abusers. One year away or not, she was a minor. He was an adult in a position of authority. He was found guilty of criminal behavior. The victim of a crime bears no responsibility. End of story.
Walt Hines
7:25 pm on Sunday, May 20, 2012
I find some of these comments to be the reason why these perverts get away with these crimes.
Anna you said that your daughter was a student of his. Would you feel the same if she came to you and acknowledged that she had been a victim of his. Would you still put some blame on her for this hideous act by a monster?
Most of these criminals prey on the ones they know are weak. A lot of these students come from dysfunctional homes in the first place and they know this. Maybe these parents should be held accountable for this. If they were doing their job of protecting their children in the first place none of these crimes would happen. Fry's parents should be held accountable for raising a monster, lets throw them in the clink.
Kelly
1:56 pm on Monday, May 21, 2012
As a teacher, he is placed in a position of trust, so what he did was 100% wrong. Secondly, your point that she was "one year away from being legal" is stupid. Should we let 15 year olds out with the car keys by themselves because they're one year away from being able to drive legally? There is a reason we have a line between 17 and 18 - stop trying to blur it. And stop trying to blame the victim here. She obviously was in a vulnerable state when this happened and was embarrassed and didn't want it to go to court. Do you remember when you were 17?
oswegoannie
4:56 pm on Friday, May 18, 2012
E.D. as a molestation defense - seriously?! Maybe that was a problem with women his age, i.e. his wife, but could an issue like this ever even be proven in court? Fry and his attorney are very slick...I commend the girl's mother for getting the legal system involved. As he is (allegedly) a repeat molester, I hope he gets a long prison term.
Eric
6:11 pm on Monday, May 21, 2012
Yeah the teacher is a piece of garbage. The prosecutor looks like Newt on meth though
Amanda Pammler
2:05 pm on Friday, June 8, 2012
Tammy, I would like to speak with you privately if that is at all possible. I was not a victim of Dale Fry's physical advances but most certainly was I a victim of his verbal advances. I would like to share with you and see if I can help in any way. Is there a way for us to connect in a more private forum?
Amber Pearson
11:59 pm on Sunday, June 24, 2012
That gross he to an oath to protect his students and he should never be let out