• Home
  • News
    • Politics & Government
    • Business & Economy
    • Crime / Courts
    • Health / Medicine
  • Sports
    • High School Sports
    • Radio Iowa Poll
  • Affiliates
    • Affiliate Support Page
  • Contact Us
    • Reporters

Radio Iowa

Iowa's Radio News Network

You are here: Home / Crime / Courts / Court of Appeals upholds James Bentley sex abuse conviction

Court of Appeals upholds James Bentley sex abuse conviction

April 21, 2010 By Dar Danielson

The Iowa Court of Appeals has upheld the conviction of a Vinton man in a high-profile sexual abuse case. James Bentley was convicted of second-degree sexual abuse for abuse of Jetsetta Gage that began in 2003.

Gage was not able to testify as she had been murdered. Bentley’s brother Roger was found guilty of her murder and is serving a life sentence. The U.S. Supreme Court ruled a taped interview with Gage could not be used at James Bentley’s trial. Prosecutors used testimony from a psychologist who said Gage told her she had been sexually abused by Bentley as the psychologist treated the girl following the assault.

Prosecutors also used testimony from Gage’s grandmother who was present during the treatment by the psychologist and heard the statements. The grandmother also testified that Gage told her she had been sexually abused. James Bentley appealed the sexual abuse conviction saying the testimony from the psychologist and the grandmother were “hearsay” evidence and not admissible in court.

The appeals court ruled that the statement’s by Gage about her abuse were made during her treatment and fall under the “medical diagnosis and treatment” exception to the hearsay rule. Bentley did appeal one other aspect of his case, the sentence of lifetime parole. The appeals court overturned that part of the sentence, as it said Bentley’s crime happened before the special sentence was created by law.

James Bentley was already serving a 100-year sentence on child pornography charges when he was found guilty of the sexual abuse.

Read the entire opinion here: Bentley Appeal PDF

Share this:

  • Facebook
  • Twitter

Filed Under: Crime / Courts

Featured Stories

Exhibit features lesser known works of Grant Wood

Testing finds 21 new CWD cases in deer

It may become a crime in Iowa to use fake urine in workplace drug tests

February trending 18 degrees below average temperature

Iowa House Education Committee votes to end tenure at UI, ISU, UNI

TwitterFacebook
Tweets by RadioIowa

New look and new format at girls’ state basketball

Youngstown State takes action against assistant football coach

Iowa’s Jack Nunge lost for the season

Key stretch begins for #9 Iowa

Drake’s Roman Penn lost for the season

More Sports

eNews and Updates

Enter your email address:

Delivered by FeedBurner

Archives

Copyright © 2021 · Learfield News & Ag, LLC