Action 3 News - Omaha, Nebraska News, Weather, and Sports | Iowa court overturns child sex abuse conviction
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Associated Press - November 25, 2009 1:24 PM ET
DES MOINES, Iowa (AP) - The Iowa Court of Appeals has dismissed a sex abuse charge against a man accused of fondling a 9-year-old girl.
Jose Topete-Duenas was convicted of second-degree sexual abuse in Sioux County and sentenced to 25 years in prison. The court of appeals ruled Wednesday there was not enough evidence to support the conviction.
The girl testified that Topete-Duenas put his hand inside her shorts and underwear when she was at his house to play with his son in September 2007.
The appeals court ruled that evidence did not establish that sexual contact occurred.
Topete-Duenas' attorney, Judy Cuevas-Freking, says she is happy with the court's ruling and her client's impending release.
Sioux County Attorney Coleman McAllister says he felt he proved the case and is disappointed in the ruling.
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