Sex assault charges dropped against Eagle County man
Eagle County, CO Colorado
EAGLE COUNTY, Colorado ” An Eagle County, Colorado jury found a local man not guilty on Tuesday on charges of sexual assault on a child and incest, attorney Jim Fahrenholtz said.
Because of the nature of the crime the man was accused of, Fahrenholtz could not reveal the man’s identity.
The man was accused by his daughter several years ago that he touched her inappropriately. The daughter, who was 11 at the time, told that to a school counselor who recommended she seek professional therapy, Fahrenholtz said.
The girl didn’t see a therapist until six months later, and it was then she alleged her father committed more lewd acts that included her being sexually assaulted several times.
Police arrested the man in August of 2007.
“It’s been hanging over his head for the last year-and-a-half,” Fahrenholtz said.
Fahrenholtz believes that because police didn’t conduct a thorough investigation into the allegations made by the daughter prior to arresting the man, that that worked in the man’s favor. A review by the state Department of Social Services concluded that there was no history of sexual abuse, no safety risk and no pattern of sexual assault in the father’s relationship with the daughter. Also, a staged phone call between the father and daughter ” with local and Front Range police listening without the father’s knowledge ” showed that the father thoroughly denied the claims his daughter was making.
The man’s trial took two days, Fahrenholtz said.
“Obviously my client is very relieved he found not guilty, but at the same time, he will not be able to clear his name 100 percent,” Fahrenholtz said. “A lot of people still think in the back of their minds because a person was arrested they’re guilty.”
Fahrenholtz said the man was out on bail during most of the trial and spent about 17 days in jail after being arrested.