Judge Refuses to Throw Out Aggravated Circumstances in Wamsley Child Rape Case - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Judge Refuses to Throw Out Aggravated Circumstances in Wamsley Child Rape Case

KENNEWICK, Wash.- Confessed child rapist James Wamsley appeared in court Monday to discuss aggravating circumstances before his sentencing.

Wamsley has plead guilty to raping a nine-month-old boy during a babysitting session last May.

Monday, a judge refused to throw out aggravating circumstances in the crime, including assault, that could lengthen Wamsley's sentence.

The defense had asked the allegations be dropped because of double jeopardy.

"The defendant's never been placed in jeopardy concerning the injuries that he caused to this child, so i don't think there's any double jeopardy issue," said Benton County Deputy District Attorney Terry Bloor.

A Judge continued a trial on the aggravating charges after wamsley's defense asked for more time to interview the Prosecution's expert witness.

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