Frye pleaded not guilty to accusations he sexually molested juvenile relative
By Alex Bridges -- firstname.lastname@example.org
WINCHESTER -- A Frederick County man accused of sexually molesting a juvenile relative in 2006 and 2007 must undergo therapy sessions with a doctor.
Jackie Broy Frye, 72, of Shawneeland, pleaded not guilty Wednesday in Frederick County Circuit Court to three misdemeanor counts of domestic assault and battery against a family member.
Frye will remain on first-offender status for approximately two years, Judge John Prosser ordered. The court will dismiss the charges against Frye at the end of that time provided he abides by the conditions of his unsupervised probation.
A grand jury indicted Frye in July 2008 on five counts of aggravated sexual battery against a girl under 18 years old but no younger than 13, and on two counts of taking indecent liberties with a child. The indictments accused Frye of committing the offenses between Nov. 1, 2006, and Dec. 29, 2007.
The hearing Wednesday showed how time, a victim's age and the reluctance to relive such an incident can affect a case.
The victim was 14 at the time of the alleged incidents, Commonwealth's Attorney Glenn Williamson told Prosser. She told investigators that Frye had touched her inappropriately over her clothes on her chest and private area.
An agreement reached between Williamson and Frye's attorney, William A. "Beau" Bassler, called for the defendant to enter a plea of not guilty to the three misdemeanors charges, reduced from felony aggravated sexual battery. In exchange, the court dismissed the remaining two counts each of taking indecent liberties and aggravated sexual battery.
"I feel this is in the interest of justice," Bassler said.
Had she testified, now more than two years later, the victim's story may have shown some discrepancies, Williamson said. The defense also could have used these discrepancies to call into question her recollection of the alleged incidents, the prosecutor admitted to the judge.
Williamson said the victim has indicated she "did not feel comfortable" with testifying against the defendant.
Prosser accepted the agreement and, per its conditions, allowed the entry of Frye's pleas of not guilty to the charges. Then the judge deferred the disposition of the charges until Sept. 8, 2011.
Under the conditions of the probation, Frye must have no contact with the victim and no unsupervised contact with minors.
Per the agreement, Prosser ordered Frye to attend counseling with Winchester psychologist Glenn N. Paul-Carres. The agreement specifically states Frye must meet with the doctor once a month for 12 months starting in November. In the first month, Frye must attend three sessions "for the purposes of initiating the counseling and building rapport." The psychologist shall send a letter to Bassler indicating whether or not the defendant completed the counseling, according to the agreement.
At Bassler's request and without objection by Williamson, the judge modified Frye's bond to allow for travel out of state.