Rape sentencing postponed

The sentencing hearing for Terry L. Bowen, Lora Gay, and Kenneth Frederick was continued from Oct. 13 to an undisclosed date.

Marion County Attorney Susan Robson said the hearing time and date will be set when 8th Judicial District Chief Judge Michael Powers returns from personal leave this week.

The defendants in the case filed a motion for a new trial July 7 with supplements to that motion being filed Sept. 8 and Oct. 11.

The original motion states that the defendants should be granted a new trial because: the preliminary hearing was conducted by an attorney with a conflict of interest, the court admitted evidence regarding Bowen’s prior convictions, the prosecutor committed misconduct by commenting in his opening statement that Bowen had failed to give a statement to the police, and that the court included SRS investigations.

In pretrial motions, Powers allowed evidence of prior convictions by Bowen to be admitted for use by the prosecutors.

Bowen, Frederick, and Gay were found guilty by a jury in June of rape of a child, aiding and abetting in the rape of a child, aggravated criminal sodomy, and aggravated kidnapping. Frederick and Gay also were convicted of criminal threat.