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Wyse denied re-sentencing
A Cocke County man, sentenced to a ten year prison term stemming from his conviction on rape and incest charges in October of last year, has been denied a resentencing. Edward Rudolph Wyse, Jr, 45, Buda Road, Newport, was convicted in the case involving a 17 year-old female. The victim said the defendant entered her bedroom during the early morning hours, removed her clothes and had intercourse with her. Following the allegation, Wyse was interviewed by Newport Detective Derrick Webb, and he admitted to the sexual contact. Detective Webb testified the defendant initially denied the accusation saying he did not want to stay in jail for the rest of his life. But he later confessed to the offense. Following the jury verdict, Circuit Court Judge James Gass found the sentence should be enhanced because of a violation of the victim's private trust. The defendant faced a term of 8 to 12 years under state law. Defense Counsel Brett Cole filed a motion for re-sentencing arguing that the court had not considered the mitigating factors in imposing the sentence. He told the court on Thursday that the defendant is a family man, "an upstanding member of the community", and is involved in church and racing. But Asst. DA Tonya Thornton argued that the court did address both the mitigating and enhancing factors in his sentencing decision. Judge Gass held that the 10 year sentence was appropriate, pointing to another local case in which the Court of Appeals upheld the sentence of Coy Jewel Mayberry, 41, who was given a 40 year sentence to be served at 100 percent. "The court is satisfied that the enhancement factor or factors considered by the court were appropriate," ruled Judge Gass. He held that the Mayberry case reinforces his decision to impose a sentence greater than the minimum, and in fact, it would have justified the maximum sentence. During the trial, Thornton told the jury that Wyse asked the victim to not tell anyone what had happened. But Cole told the panel that the victim lied about the incident and the confession of the defendant also was a lie. In her testimony before the jury, the victim said she wanted to return to the home of her mother, father, and brothers. "I want to give him a second chance, everyone deserves a second chance," she testified. The court also ordered Wyse to undergo HIV testing, register as a sex offender and be under community supervision for life. The defendant also faces another trial on charges of rape and incest involving the same victim. It will be scheduled for a later date.
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