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Supreme Court Demands Resentencing in Sexual Abuse Case

By Becky Ogann

Story Created: Apr 18, 2008 at 12:14 PM CDT

Story Updated: Apr 18, 2008 at 12:14 PM CDT

DES MOINES (AP) - The Iowa Supreme Court has sent a sexual abuse case back to district court for resentencing because a prosecutor broke a plea agreement.

The Scott County case involves Greagory Bearse, who was charged with sexual abuse for having a sexual relationship with a 14-year-old girl. As part of a plea agreement, he agreed to plead guilty and the state agreed to recommend against prison time.

A presentencing investigation recommended prison time. During sentencing, a different prosecutor showed up and said the state agreed with the presentencing report. Bearse's attorney did not object and he was sentenced to up to 10 years in prison.

The Supreme Court says the justice system "does not allow prosecutors to make sentencing recommendations with a wink and a nod." It also found that Bearse's lawyer had a duty to object to the breach in the plea agreement.

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