Mar 26, 2009 5:01 am US/Central
Boys Charged In Sex Assault Appear In Court
Offenders Were Only Moved To Another Classroom After Being Charged
NAPERVILLE, Ill. (Naperville Sun) ―
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Gregory Middle School in Naperville, Ill.
CBS
Two Naperville boys accused of sexually assaulting another boy who was a middle school classmate were in juvenile court this week.
But their appearances were brief, and the cases were continued.
The alleged incident happened Nov. 11, 2008, at a Naperville home, according to court documents. The 11- and 12-year-old boys tied up the victim and assaulted him, according to court documents. As in other court cases involving juveniles, the boys were charged with being delinquent.
The three boys attended Gregory Middle School at 2621 Springdale Circle in Naperville.
After the alleged sexual assault, some parents asked to have the two boys moved to another school. The boys instead were moved to another classroom. One boy was charged later with battery after he allegedly fought with the alleged victim while at the school.
Later, one of the alleged attackers moved voluntarily to a different school.
Meanwhile, the alleged victim's father asked a Will County judge on Feb. 13 to approve an emergency order of protection that would prevent the alleged attackers from having contact with his son. Judge Marilee Viola held a hearing on the matter, heard testimony and agreed to the request, according to court documents. The two boys and their families weren't in court, and they were notified a few days later about the order of protection.
Then other lawyers became involved -- Chuck Bretz of Joliet represents one of the boys, and Elizabeth Reed of Wheaton represents the other. Larry Oldfield of Oak Brook is representing the alleged victim.
During a later court appearance, the emergency order of protection was extended for two years, the longest period of time allowed.
On Feb. 20, Bretz asked Viola to modify the order of protection, and the judge agreed. Although one boy still attends the same school with the alleged victim, he is not allowed to have any verbal or physical contact with him and must stay 100 feet away, according to court documents.
If the alleged attacker and victim accidentally pass each other in a school hallway or at some kind of function, that isn't considered a violation of the order. But the alleged attacker must promptly move away.
Additionally, the alleged victim and one of the alleged attackers apparently belong to the same club featuring a pool and tennis courts. The alleged attacker is allowed to take tennis lessons if the alleged victim is present. But he cannot swim if the alleged victim already is in the water.
So far, the order of protection involving the other alleged attacker is much more general.
On Monday, a brief pretrial hearing for one of the boys was held in Will County Judge Paula Gomorra's courtroom at the River Valley Justice Center, 3204 W. McDonough St. in Joliet. That boy will return to juvenile court at 9 a.m. May 11.
Will County Judge Jeff Allen held the hearing for the other boy Wednesday. That boy will return to juvenile court at 9 a.m. May 16.
By Stewart Warren / Naperville Sun
(CBS 2, the Naperville Sun and the Aurora Beacon-News are news partners covering stories in the western suburbs. Send story tips to tips@cbs2chicago.com. (© MMIX, CBS Broadcasting, Inc. All Rights Reserved.)
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