A man accused of sexually abusing a child has been released from Douglas County jail while the district attorney’s office determines whether to file an appeal to a court order that suppresses part of the interviews done by police.
Billy Joe Wisby was released Tuesday on the condition that he not contact any member of the victim’s family and has no contact with people under 18. He is allowed to reside in Lane County, but will need to have weekly contact with a parole officer in Douglas County.
He is charged with three counts of sexual abuse in the first degree and two counts of unlawful sexual penetration in the second degree. The child, who was known to him, was under the age of 13 at the time of the alleged abuse.
A trial was originally set to start Wednesday, but Senior Deputy District Attorney Jodee Jackson filed for a continuance so she can determine whether to appeal an order by the court that suppresses some of the statements made by Wisby.
Wisby admitted to the allegations and provided details of the sexual abuse, according to a probable cause affidavit.
“Billy stated the first time he touched her she was under the age of 12, and he was upset because he did not think (the alleged victim) should even have a boyfriend yet and she was engaged in sexual behavior,” the brief summary of probable cause states. “During the interview, Billy blames (the alleged victim) for the sexual encounters and places no blame on himself for his actions.”
Wisby’s attorney, Erik Swallow, argued that the interviews were either coerced or set in coercive environments and that interviews continued after Wisby asked for an attorney.
Douglas County Circuit Court Judge Ann Marie Simmons ordered on Oct. 4 that all statements made by Wisby after his request for an attorney were not allowed at court.
Roseburg Police Department interviewed Wisby at his home on Feb. 23 after allegations of sexual abuse were made. Wisby was again interviewed on April 4 by Roseburg police. He denied the allegations both times and was not arrested.
On June 7, Wisby was arrested following a polygraph test.
Jackson noted she had until Nov. 10 to file an appeal on that ruling. A status check for the case has been scheduled for Nov. 12.