Double Jeopardy

Tony Cercy's attorney wrote he has been punished enough and should not have to endure the grief of a third trial.

CHEYENNE -- The second trial of former Casper businessman Tony Cercy in November, in which he was convicted of third-degree sexual assault and sentenced to a six- to eight-year prison term, violated his Fifth Amendment right to not be tried twice for the same crime, his attorney told the Wyoming Supreme Court on Tuesday...

Casper man Tony Cercy was convicted of third-degree sexual assault of a 20-year-old woman and sentenced to a six- to eight year prison term.

Tony Cercy's attorneys have argued in the past that the retrial on the third-degree count violated his Fifth Amendment right to not be tried twice for the same crime.

In February 2018, a jury in Natrona County District Court acquitted Cercy on the first- and second-degree counts, but deadlocked on the third-degree count.

Because the case is before the Wyoming Supreme Court, the Wyoming Attorney General's Office will file a response.

Jury selection is expected to start Friday.

The trial on one count of third-degree sexual assault is scheduled to begin at the Hot Springs County Courthouse in Thermopolis on Friday.

Tony Cercy's retrial is scheduled to begin at the Hot Springs County Courthouse in Thermopolis on Nov. 9.