Sentence stands in Farmington sex abuse case

Feb 19 2013 - 8:47pm

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Fry
Fry

FARMINGTON -- A 76-year-old man who had been sent to prison in December returned to court Tuesday in hopes of having his sentence changed.

But Judge David M. Connors ruled Tuesday that his original sentence of two terms of three years to life at the Utah State Prison "was the proper sentence" for LeeRoy Fry.

Fry, of Farmington, appeared before Connors on Tuesday dressed in a white prison jumpsuit and with his hands shackled behind him. Two rows of seats were filled with Fry's family and friends.

His attorney, Kenneth Brown, asked if the prison guards could move the handcuffs so Fry's hands were handcuffed in front of him. One guard said it was against the prison transportation rules to move the hands to the front of the prisoner.

Brown filed a motion on Dec. 7 claiming the sentence ordered by Connors on Dec. 3 was illegal and that Connors should reconsider it.

Tuesday's hearing was set so the attorneys could argue why or why not Connors should reconsider the sentence he ordered for Fry.

Fry was sentenced Dec. 3 to serve two terms concurrently of three years to life at the Utah State Prison for two counts of attempted sexual abuse of a child.

After the Division of Child and Family Services contacted police, Fry was arrested in March 2012, accused of sexually abusing at least three girls, ages 7, 11 and 14.

On Tuesday, Brown did not discuss in court that the sentences were illegal, but instead focused on how Fry had enrolled in private intensive therapy in June 2012 after his arrest.

Brown said Fry will have to wait at least five years before he can get treatment at the prison because the waiting list is long.

The Board of Pardons will not consider parole for Fry until he undergoes treatment.

Brown recommended that Connors consider sentencing Fry to serve two years in Davis County Jail and after one year Fry be allowed to leave the jail for the private treatment, which he would pay for to not be a burden on taxpayers.

Brown said Fry's family needs him to go through the therapy so they can all heal together.

Fry spoke in court, saying the time he had spent in therapy last year "was the most significant period in my life. I've gained a significant understanding of myself and my basic problems."

He went on to say, "I take ownership of what happened, and I promise you, your honor, this will never, ever, ever happen again in my life."

Deputy Davis County Attorney Cristina Ortega argued that Fry's sentence did not exceed the law or the crime.

Ortega also said the damage done to Fry's family is "nothing new in these type of offenses. No one goes unscathed in these type of offenses."

"Just because the defendant is disappointed with the sentence does not mean there was anything improper with the sentence."

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