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updated: 10/9/2012 3:54 PM

Naperville man going back to trial in child sex case

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  • Grant Gambaiani

      Grant Gambaiani

 

A former Naperville man whose child sexual assault conviction and 43-year prison term were overturned on appeal is poised to take the case back to trial.

DuPage County prosecutors said in court Tuesday that Grant Gambaiani, 29, had turned down their offer of a plea bargain.

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"We made an offer and the offer was rejected," Assistant State's Attorney Joe Ruggiero said, adding prosecutors are prepared for another trial.

Judge Daniel Guerin Guerin set Jan. 29 as a tentative trial date, but Gambaiani also will return to court in November.

Guerin handed down a 43-year prison sentence after a jury convicted Gambaiani in May 2010 of predatory criminal sexual assault and other charges stemming from his interaction with a 10-year-old boy.

In June, the Second District Appellate Court in Elgin overturned the conviction, saying a mistrial should have been granted after prosecutors failed to disclose until midway through the proceedings that police found no DNA evidence of sexual activity when they searched the bedroom of Gambaiani's accuser.

Prosecutors allege Gambaiani systematically prepared the boy for abuse by showing him child pornography and taking explicit photos during a four-month period in 2008. His next court date is Nov. 6.

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