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Sisters avoid jail time in mother's neglect case


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By Hal Conick, hconick@mysuburbanlife.com
Geneva Republican

Geneva, IL -

Jill and Julie Barry, the Geneva sisters convicted for criminal neglect of an elderly person, were sentenced to conditional discharge, community service and a fine on Friday.

Judge Allen M. Anderson said that the sisters did neglect their mother to the point of harming her. He said he came into court prepared to give them a jail sentence, but he did not believe giving them jail time would change the way people would behave.

“Any sentence by me will not correct the harm (done) to Mary Barry while she was alive,” Anderson said. Anderson said the sisters “definitely failed” to comply to their legal and personal duty to their mother, but said they didn’t contemplate causing her serious harm. He also stated they were not likely to commit another crime in the future.

Jill and Julie Barry will serve 24 months of conditional discharge, which is essentially probation without having to check in with an officer, a $750 fine, payment of court costs, and 150 hours of community service each. Half of the fine and community service must be paid for and done within the next year, with the rest to be completed in the next year.

Anderson said he considered giving both sisters mandatory community service in a hospice or nursing home setting, but said that wouldn’t be necessary unless they wanted to.

Mary Barry, who died April 27, 2007, was brought to the hospital on April 20 after Jill and Julie Barry became concerned about their mother’s listlessness and suspected she had suffered a stroke.

The sisters were indicted in early 2008 on charges of elder neglect against their mother, Mary Barry. The charge carried a maximum two to five year sentence.

Before the judge's sentence, both sisters were able to stand before the judge and give a statement. Both sisters stood were in tears and asked for probation instead of jail time. Jill Barry called the judge's guilty verdict "devastating."

Kane County State’s Attorney John Barsanti said he doesn’t believe either sister had ill intent toward their mother, but said the harm was done.

“This is a tragedy for everybody concerned,” Barsanti said. Barsanti asked Anderson to give the sisters probation.

Gary Johnson, the lawyer for the Barry sisters, said they have always had a clear criminal record are unlikely to commit another crime ever again. Johnson asked for “as light a sentence as possible.”

After the sentencing, Johnson said he still feels as though the sisters are not guilty, but said they feel the sentence is “very fair.”

Jill and Julie Barry have 30 days to file a notice of appeal. Johnson said the appeal will be filed, but they are asking Anderson to appoint a state attorney for financial reasons. Anderson will rule on that decision at 9 a.m. on Oct. 27.

Barsanti said he knew all along the sisters would not get jail time. He said early in the process, he offered a plea deal of a conviction and probation.

“I think the judge was 100 percent accurate in how he called this,” Barsanti said. “It will be interesting to see what happens in appellate court.”

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