July 2, 2015 at 4:22 p.m.
Alleged Rhinelander pot dealer accused of sexually assaulting second girl
By Jamie Taylor-jamie@rivernewsonline.com
A charge of sexual intercourse with a child, a class A misdemeanor, was filed against Seth Berry Wednesday when he appeared in court for an adjourned initial appearance on previously filed charges of second-degree sexual assault (sexual assault of a child under 16) and manufacture/delivery of THC less than 200 G, distribution to minors.
The alleged victim told a Rhinelander Police Department detective that Berry sexually assaulted her sometime during the month of March in her home. She told the detective the incident occurred when Berry brought marijuana to her house at about 3 a.m.
She said the two started "fooling around" and Berry eventually removed her clothes, held her down and had sex with her against her will.
In the first case, a 15-year-old girl came to police on June 2 and described events she claims happened on April 12 or 13. The alleged victim in that case told the detective that she contacted Berry to purchase $50 worth of marijuana from him. When he showed up, she said he made her get into his car before he would make the sale. Once the alleged victim was in the vehicle, he allegedly drove to a nearby church parking lot and allegedly forced her to perform a sex act on him, according to the criminal complaint.
The report states that once she was finished, Berry took her back to the house, took the $50 and delivered the marijuana.
Berry first appeared before Branch I Judge Patrick O'Melia on June 12. A $5,000 cash bond was set at that time with conditions he have no contact with the alleged victim or any unsupervised contact with any female under the age of 18.
At the July 1 hearing before Branch II Judge Michael Bloom, Berry's attorney John Voorhees asked for a reduction in the cash bond, but Bloom denied the motion. Voorhees then asked for an adjourned initial appearance on the new charge. That hearing is scheduled for July 8. A preliminary hearing on the felony charge will be set at that hearing.
If convicted of the sexual assault charge, a class C felony, Berry faces up to 40 years in prison. The delivery of THC charge is a class I felony for which he faces up to three and a half years in prison. The delivery to a minor enhancer could add up to five years to any prison term handed down upon conviction. Sexual intercourse with a child carries a maximum penalty of nine months in jail and a fine of up to $10,000.
Jamie Taylor may be reached at jtaylor@lakelandtimes.com.
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