Sex assault case dropped, judge cites drunken prosecutor

[Judi Lynn]

Source: Associated Press


Updated 5:29 pm CST, Tuesday, December 18, 2018

OSCEOLA, Iowa (AP) — An Iowa judge cited the courthouse arrest of a drunken prosecutor in dismissing charges against a man accused of sexually assaulting a 13-year-old boy.

Judge Marti Mertz issued the ruling Monday and chastised Clarke County Attorney Michelle Rivera. The prosecutor's unavailability at a recent hearing in the case "was the finale following unexplained periods of inactivity and lack of responsiveness" since the man's arrest more than a year ago, the judge said.

A sheriff's deputy arrested Rivera for being drunk in an Osceola courtroom on Oct. 18, just moments before the man was scheduled to enter a new plea and be sentenced in the case.

The man later sought a dismissal because he hadn't been tried within a year of his arraignment. He was initially charged with sex assault and telephone dissemination of obscene material to a minor. Investigators say he admitted engaging in sex act with a minor in August 2017.

Read more: https://www.chron.com/news/crime/article/Man-s-sex-assault-charges-dropped-judge-blames-13475257.php

[iluvtennis]

1. Why didn't they assign the case to another county prosecutor when this one wasn't doing her job.

Shaeful that a sexual predator get to walk on a technicality.

[Scruffy1]

2. Clarke county has less than 10,000 people.

He's probably the on ly one they have and pays very little.

[iluvtennis]

3. Thanks for clarifying, but still seems unacceptable.

[IronLionZion]

4. They have no other prosecutors?

Ms. Rivera shouldn't be the only one, especially if she's a drunk.