DA to Patty: Never mind

Inconclusive test results lead to dismissal of charges.

By Bill Lueders

 

Patty says it finally hit her, last weekend while on vacation in Florida, just how devastating it was to be raped at knife point by an intruder in her home. Since the alleged assault of Sept. 4, 1997, she hasn't had time to process the experience.

"I went straight from the terror of that rape right into working with police, right into defending myself," she says. "I got robbed of that chance to grieve."

Patty says Madison police, instead of helping, turned against her and pressured her recanting. When she left on vacation, Patty was expecting to face trial Sept. 1 on criminal charges for obstructing an officer for allegedly fabricating a sexual assault. But last Friday, the Dane County DA's office dismissed the charges against her "with prejudice," meaning they cannot be refiled.

Hal Harlowe, Patty's attorney, says he insisted on the "with prejudice" part, which was added by hand. The motion by Deputy DA Jill Karofsky stated that, due to recent test results from the State Crime Lab, "the State does not believe it can prove this case beyond a reasonable doubt."

Dane County DA Diane Nicks, in a statement prepared in concert with Karofsky and assistant DA Brian Brophy, says "semen found on [Patty's] bed sheets underlies the dismissal of charges." She says the sample recovered proved "insufficient for comparison" with the state's data bank of known sex offenders, as Harlowe had requested (See "Pleading over spilled seed," 8/14/98).

Thus, says Nicks, the available evidence "collaborates neither [Patty's] allegations nor the investigator's belief that her charges were completely fabricated. Rather, it shows that someone at some point left semen on the sheets which were on the bed." These sheets were not tested until Patty contested the charges against her; when they were tested, they did not match the man Patty identified as her likely assailant.

"This evidence raises the possibility that [Patty] was assaulted and was perhaps mistaken about her assailant," states Nicks. "[I]t raises a reasonable doubt in my mind; therefore the charge has been dismissed."

The dismissal, says Harlowe, is the legal equivalent of an acquittal. He thinks it's an appropriate outcome, but doesn't want it to be the last word: "My hope is that, when the dust settles, they're going to take an independent look at the evidence and reopen the [rape] investigation."

Patty agrees, although she was hoping the semen matched an individual, so her rapist could be nabbed without her having further contact with police. "That sperm belongs to somebody," she says. "It isn't anybody I know."

Indeed, Patty recalls that one of the first officers on the scene noted the way the sheets were stripped from the bed and other clues and said, "This guy has definitely done this before." She thinks this observation was on the mark: "He's done it before, and he's done it since and he'll do it again and again. He's laughing at the city Police Department for being such a joke."