DeKalb man’s rape trial pushed back to mid-May, a full three years after his arrest

March 10, 2018 GMT

SYCAMORE – Three years will have passed by the time a DeKalb man charged in a string of burglaries and a rape goes to trial.

Andre P. Cross-Boler, of the

800 block of West Taylor Street, faces charges of aggravated criminal sexual assault, home invasion and residential burglary. Both home invasion and aggravated criminal sexual assault are typically punishable by six to 30 years in prison. If he is found guilty of all the charges against him, he must serve 85 percent of each sentence consecutively, adhering to the state’s Truth in Sentencing law.

Cross-Boler was arrested May 15, 2015, in connection with a string of burglaries reported that month, as well as a home invasion in the 700 block of Haish Boulevard, where a woman told police a man broke into her home May 13, 2015, and sexually assaulted her while armed with a knife.

His jury trial was supposed to start Tuesday, but because his lawyer, Robert Carlson, has another trial he says takes precedence, Cross-Boler’s trial will first begin at 10 a.m. May 15 – exactly three years after he was arrested.

Carlson represents Kirby D. Brame, 26, of DeKalb, who’s headed to trial for several charges that include armed violence, aggravated battery and unlawful restraint.

Police have said Brame held a gun to his girlfriend’s head at their apartment in the 1000 block of Ridge Drive, before trying to choke her out the following morning when she tried to escape the apartment, even contemplating jumping from the roof.

Carlson filed a motion Feb. 28 asking to postpone Cross-Boler’s trial because Brame had demanded a speedy trial, whereas Cross-Boler had not.

This marks the fourth time the trial has been pushed back, and Carlson is the second public defender to represent Cross-Boler.

Carlson told Chief Judge Robbin Stuckert on Jan. 5, after a motion hearing, that a trial date of Feb. 26 might need to be changed because it was one of three trials set to start that day, and two of them involved Carlson.

Chip Criswell previously represented Cross-Boler but withdrew in the spring of 2016, when Cross-Boler hired Brian Erwin. Erwin withdrew in September 2016 when his and Cross-Boler’s relationship “broke down,” according to court records, and Carlson was appointed to represent Cross-Boler in February 2017.

Cross-Boler is due back in court at 1:30 p.m. May 10, with the trial slated to begin the following week.