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Convicted child molester asks for new trial

POSTED: July 25, 2012 4:00 a.m.
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Maestrey

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A Dawsonville man serving life in prison for aggravated child molestation made a case last week for a new trial.

Northeastern Judicial Circuit Superior Court Judge Bonnie Oliver is considering the matter, which she heard Thursday.

Michael Alfred Maestrey, 44, based his request for a new trial on a series of events and circumstances that he says led to a Dawson County jury finding him guilty of the charges in May 2010.

Among his complaints, Maestrey claimed his previous defense attorney, Dan Sammons, was ineffective by failing to file motions or subpoena witnesses in support of his defense.

Maestrey is currently represented by attorney Kenneth Sheppard of Smyrna.

In addition, Maestrey contends that Oliver was biased against him because the judge has children and is involved in various youth organizations.

Maestrey also argued to the validity of his original arrest warrant, which listed a time frame in which the crimes took place that did not match the dates on the grand jury's indictment.

"The dates were so broad," he said. "There was no way I could account for every moment of every day for nine months."

Maestrey was convicted in 2010 on two counts each of aggravated child molestation, child molestation and solicitation, in addition to one count of enticing a child for indecent purposes.

He received a life sentence, 35 years of which he must serve in prison. The remainder will be spent on probation. He also is subject to sex offender's provisions.

According to court testimony, the sexual abuse began when the child was 9 and continued until the girl became pregnant, about three years later.

According to DNA evidence, Maestrey is not the baby's father, though the jury believed he engaged in a sexual relationship with the girl.

Both Maestrey and his then live-in girlfriend Kim Mullins, a relative of the victim, were arrested in September 2008 in connection with the case. Mullins later pleaded guilty to hindering the apprehension of a criminal and cruelty to children.

According to Forsyth County court records, Maestrey was arrested in 2007 on charges ranging from statutory rape to aggravated child molestation and enticing a child for indecent purposes.

His case has been placed for trial next month in that county.

In total, Maestrey has been accused of molesting three girls between the ages of 12 and 14 in the two counties.

 

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