MORRIS - Kenton Pellegrini, 47, a former Morris resident who was found guilty of sexually assaulting his wife at a bench trial in 2013, filed a post conviction relief order, which was denied in front of Judge Rob Marsaglia on Monday.
A post-conviction relief order refers to the the process in court after a trial results in a conviction of the defendant and after sentencing. The lawyer then files for the proceeding.
In the Pellegrini case, the state motioned to dismiss the post-conviction relief order in Feb. 2017.
Douglas Johnson, with the Law Offices of Kathleen T Zellner P.C., represented Pellegrini, who was not present. Assistant State's Attorney Mike Quinlan represented the state. The motion was denied by Marsaglia leading to the Nov. 5 court date.
Zellner's office claimed the trial was not fair because Pellegrini's original attorney did not provide all the evidence, saying the victim had suffered an alcohol-induced blackout.
During the Nov. 6 court appearance, Marsaglia ruled that the blackout testimony would not have changed the original verdict.
Pellegrini is serving an eight-year sentence for the crime.