Judge drops one charge each against Geneva sisters

A Kane County judge Wednesday dismissed one count of an indictment against two Geneva sisters charged with neglect in the death of their elderly mother.

Jill and Julie Barry, ages 55 and 48, each were acquitted of one count of criminal neglect in a direct ruling issued by Judge Allen M. Anderson. The pair each remain charged with one count of neglect.

Defense attorney Gary Johnson argued for the dismissal, saying the state failed to prove 84-year-old Mary Virginia Barry's death "resulted from alleged neglect," as specified in two counts of the indictment.

The remaining charges accuse the sisters only of criminal neglect without specifying whether the allegations caused Mary Virginia Barry's death, which doctors say resulted from cancer and bronchial pneumonia that could have been aggravated by a lack of medical attention.

"We're very pleased," Johnson said. "The judge made the right decision and correctly concluded that any alleged neglect did not result in the death of Mary Barry."

The Barry sisters now face a maximum of five years in prison if convicted of the remaining charges, which are in a felony class lower than the one dismissed.

Kane County State's Attorney John Barsanti, who is prosecuting the case, said the main issue for the judge was interpreting the statute and its definition of "results."

"I don't think (the ruling) affects the case much," Barsanti said. "There's legal arguments to be made, and I think it's a function of the statute being kind of vague. That was a gray area."

The Barry sisters were indicted after their mother was found emaciated and malnourished in April 2007 at their house on the 400 block of Peyton Street in Geneva. She died days later.

According to witness testimony, Mary Virginia Barry had severe bed sores and was lying on urine-soaked sheets when the sisters sought medical attention for her.

The trial is taking place over a period of several weeks and resumes May 29 with the defense.