Posted: 9/14/04
La Crescent man pleads not guilty to sex offense
Wayne Alan Polus, La Crescent, pled not guilty on September 8 to third degree criminal sexual conduct.
Polus, 48, and his court-appointed attorney, James Schultz of Houston, appeared before Third District Court Judge James Fabian in a Rule 8 hearing that lasted less than 10 minutes.
Schultz and Polus also requested a jury trial. No date for that has been set. Schultz will now review evidence and decide in the next 10 days whether to request an omnibus hearing.
The purpose of an omnibus hearing is to make sure that each party receives vital information concerning the case held by the other. In addition, the judge may rule on the scope of discovery or on the admissibility of challenged evidence.
Third degree criminal sexual conduct is a felony that carries a maximum sentence of 15 years in prison and/or $30,000 fine.
Polus, 48, is free on $20,000 unconditional bond. He allegedly assaulted a woman while she was sleeping on a couch at his parentsí home, where he resides, early on the morning of August 29.
The charges state that the alleged victim was ėmentally impaired, mentally incapacitated, or physically helplessî at the time of the alleged assault. This wording refers to the fact that she was asleep at the time it allegedly occurred.
The woman told authorities that she woke up during the assault and told Polus to stop and that he did so.
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