A McHenry County judge denied a new trial Friday for a 56-year-old man convicted last month on 21 counts of sexually abusing and assaulting two children over a span of about 13 years.
Robert Gould, who lived in Island Lake and Woodstock during the years prosecutors say he committed the crimes, was found guilty on Nov. 17 of three counts of aggravated criminal sexual abuse of a child younger than 13, Class 2 felonies; eight counts of criminal sexual assault, Class 1 felonies; and 10 counts of predatory criminal sexual assault of a child, Class X felonies.
Gould, whose bond was immediately revoked and was taken into custody after the jury returned with its guilty verdicts, faces decades in prison when sentenced on Jan. 27.
Each Class X felony carries up to 60 years in prison, and each sentenced would be served consecutively.
In asking for a new trial, Gould’s defense attorney Dominic Buttitta Jr. said the court erred in denying a pre-trial motion to have the cases involving each child tried separately.
Judge Michael Coppedge denied this argument, saying that each woman offered the same testimony and therefore severing their cases was not required, nor was it prejudicial to Gould.
The court also erred in denying the defense’s pre-trial motion to suppress testimony related to memory enhancement therapy, Buttitta said.
Buttitta had filed a motion ahead of the trial asking Coppedge to decide whether the jury should consider the weight of alleged memory enhancement or recovery therapy. Coppedge said at that time he would decide during the trial.
But, Coppedge said Friday, each girl said they had never undergone such therapy, therefore “there was no reason to revisit it” during the trial.
Buttitta also argued that prosecutors did not present evidence beyond a reasonable doubt to uphold the conviction. Coppedge said “the jury is the trier of fact and free to form its conclusion” and he is not going to overturn its conviction.
Gould’s accusers, now 23 and 25 years old, wept in the courtroom surrounded by supporters, as Coppedge read “guilty” on each of the 21 counts.
In closing arguments, prosecutors told jurors that Gould sexually abused and assaulted the two young girls for years beginning in 2001 and their memories were reality, not false as the defense alleged.