Glenn Jolley, a counselor who had offices in Oak Harbor and Freeland, was found guilty Monday of one count of indecent liberties.
The Island County Superior Court jury also found the 58-year-old Jolley not guilty of one count of attempted indecent liberties.
The 12 members of the jury were unable to reach a consensus on a second-degree rape charge, which resulted in a mistrial on that single count. The jury members deliberated Friday afternoon and Monday morning on that charge, but were unable to reach a consensus. Island County Deputy Prosecutor Mike Henegen interviewed the jury members after the verdict. He said 10 of the jurors voted that Jolley was guilty of the rape charge, but two unconvinced jurors held out.
Jolley’s attorney, Mark Mestel of Everett, said that he may appeal the conviction. Prosecutor Henegen said he is not sure whether he will re-try Jolley for the rape charge.
Jolley was taken into custody after the verdict was read. Under state law, he cannot be released on bail. He faces between 15 and 20 months in prison on the indecent liberties charge, according to sentencing guidelines. He is scheduled to be sentenced Dec. 21 at 1:30 p.m.
Indecent liberties is a felony sex crime, which means Jolley will have to register as a sex offender after serving a sentence. His conviction resulted from an incident that took place earlier this year. A patient accused Jolley of fondling her.
Both the victim and the investigator, Oak Harbor Police Detective Teri Gardner, testified against Jolley in regard to the indecent liberties charge. Gardner played a taped telephone conversation between the victim and Jolley that occurred after the offense, in which Jolley repeatedly asks the woman if she told anyone else about what happened.
Prosecutor Henegen said the jury members found the tape recording to be “very persuasive.” Speak about the rape charge, he said the two holdout jurors “were looking for corroborative evidence.” He said the prosecution “never has that in sex crimes of this kind.”
Henegen said the jury members found Jolley innocent on the attempted indecent liberties charge because the alleged victim “exaggerated a couple of times” on the stand. She said, for example, that Jolley’s office was 200 degrees.
“The jury indicated on all counts that they felt something had happened, “Henegen said, “but they weren’t able to find him guilty beyond a reasonable doubt” on all charges.
