A Portage man convicted of the repeated sexual assault of the same child pleaded no contest to a lesser charge Feb. 24 rather than risk being found guilty at a retrial.
Joshua L. Dickinson, 46, pleaded no contest in Oconto County Circuit Court to an amended charge of causing mental harm to a child. The conviction carries a maximum sentence of 12 years, 6 months in prison, a fine up to $25,000 or both.
Defense attorney Charles L. Glynn asked that Judge Michael Judge proceed to sentencing immediately, but Assistant District Attorney Richard Zoellner asked for additional time. The judge scheduled sentencing for 3:15 p.m. March 24.
An Oconto County jury found Dickinson guilty after a two-day trial in November 2021, and Judge sentenced him to six years in prison followed by five years of extended supervision with conditions.
Dickinson later filed a motion for a retrial on grounds that three Child Protective Services (CPS) reports were never introduced by either the prosecution or defense, that he had ineffective counsel and that the prosecution made improper statements during closing arguments.
Judge ruled in March 2024 that the CPS reports did contain material information and that the defendant was prejudiced by the failure of both sides’ attorneys to provide them in discovery. As a result, Judge set aside the jury verdict and ordered a new trial.
The judge declined to rule on the defense arguments alleging ineffective counsel or improper prosecutorial statements, saying withholding the CPS reports was sufficient cause for a new trial.
wbluhm@newmedia-wi.com
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