Waterford man remains in jail while prosecution moves forward
By Tracy Ouellette
Editor
James Barnak, the 75-year-old Waterford man charged in Walworth and Racine counties for the repeated sexual assault, false imprisonment and strangulation and suffocation of a 14-year-old East Troy girl, pleaded not guilty in Walworth County Circuit Court Nov. 26.
Barnak was still in custody at the Walworth County Jail as of Tuesday morning on $100,000 bond.
Walworth County District Attorney Dan Necci said Barnak waived his right to a preliminary hearing before entering the plea.
Barnak was charged with four felonies Nov. 12 in Walworth County Circuit Court – child enticement, a Class D felony; child sexual exploitation, a Class C felony; false imprisonment, a Class H felony; and strangulation and suffocation, a Class H felony.
Barnak was charged Nov. 11 on a Class C felony in Racine County for at least three alleged violations of first- or second-degree sexual assault.
Necci said he expects to work closely with the Racine County prosecutor, but that Walworth County’s charges are his top priority.
“We have severe charges here,” Necci said. “We’ll pay attention with what’s going on in Racine, of course, and we’re always willing to work with other counties, but we have serious charges here.”
Necci said the prosecution is in the early stages and there is “a long way to go before we determine what’s going to happen.”
“I consider these charges pretty heavy duty,” he said. “We have a Class C felony, a Class D felony and two Class H felonies plus he’s got a Class C in Racine County. “He’s (Barnak) got the same defense attorney on both cases and I’m sure he’ll have to juggle two prosecutors and that slows the process down a bit, but I expect to stay in touch with the Racine County prosecutor for efficiency sake.”
Barnak was scheduled to appear in Racine County Circuit Court on Nov. 20, but that preliminary hearing was rescheduled for Dec. 4.
Barnak is set to appear next in Walworth County Court on Jan. 30 for a status conference. If convicted in Walworth County, he faces a maximum fine of $220,000 and/or 77 years in prison. If convicted in Racine County, Barnak faces a maximum fine of $100,000, 40 years in prison, or both.
