TECUMSEH – A Johnson County jury has found a Tecumseh prison sergeant not guilty of felony sexual assault after a trial Friday.

Defense Attorney Kaz Long of Omaha said 33-year-old James Cherry was looking forward to his day in court since accusations were made against him by a co-worker with a lower rank at the Tecumseh State Correctional Institute in October of 2022.

The jury found Cherry not guilty of first degree sexual assault and not guilty of two other third-degree counts of misdemeanor sexual assault, but was a hung jury over allegations that he kissed the prison guard without consent. Long said there was testimony at trial that, after the kiss, the woman said she did not like it.

Cherry maintained at trial that the contact was consensual.

Long said Cherry had a higher rank than the woman, but he was not her supervisor.  He said there are laws that protect people who make the first move with a dating intention.

Long: “The human race would not survive if someone did not make the first move.”

 

 

Prosecutors argued that Cherry was not forthcoming when the Nebraska State Patrol initially asked about the sexual contact, but Long asked the jury to understand that Cherry was a married man and would not want his infidelity to be known.

Long: “Yes, he was cheating on his wife, but just because doing something is immoral it doesn’t make it illegal.”

After the kiss, there were two shifts and 48 hours where other sexual contact occurred. Long said none of the prison cameras caught this activity.

 

 

Long said he explained to the jury that they could watch all the video and take up a week of their time, but there is nothing of relevance. He said Cherry is exonerated and if the prosecution wants to re-file the charge over the initial kiss, then Cherry will take it to trial again.

He said Cherry lost his job in law enforcement, but is continuing his education and is working in retail.

Long: “It’s time to pick up the pieces and start over.”