- The beauty, and sometimes catch, of the American court system is that a guilty verdict doesn't always mean the end. That's designed to help the wrongly convicted.
But today, a judge ruled former Rhinelander police officer Greg DeRosier had a fair trial.
"Yeah we talked about it, and I was upset," says Greg DeRosier on the witness stand at his motion for a new trial.
A jury convicted the 63-year-old in 2011 of third degree sexual assault and intimidating a witness in the case. Today he asked a judge to grant him a new trial.
DeRosier's trial attorney was current Oneida County District Attorney Mike Schiek. DeRosier's new attorney argued Schiek should have objected to hearsay statements witnesses made.
"This is, was the trial fair? We have rules of hearsay to ensure a fair trial," says new Defense Attorney Peter Heyne.
But Schiek said he allowed the hearsay because it played into his defense strategy. The witnesses testified about what the victim SAID happened to her, but some gave different versions of the story.
Ultimately DeRosier was found guilty in 2011. Today Judge John Yackel shot down the claim DeRosier's defense was ineffective and denied his request for a new trial.
"The Court finds the strategy utilized by trial council does not fall outside the wide range of professionally competent assistance," says Judge Yackel.
DeRosier's fight doesn't necessarily end here. His next step would be to apply for an appeal in Wausau. For now, he'll head back to prison.
Story By: Lyndsey Stemm