Sexual assault case dismissed
Vail CO, Colorado
EAGLE ” A Gypsum man’s sexual assault case was dismissed Monday, authorities said.
Prosecutors dismissed a felony count of sexual assault against Randy Christopher Medina, 32, of Gypsum, said Mark Hurlbert, Eagle County district attorney.
Medina always maintained that he had consensual sex with the woman, said Jim Fahrenholtz, Medina’s defense attorney.
“My client feels relieved that these charges are dismissed, but even with the dismissal, you never fully clear your name,” Fahrenholtz said.
The incident took place in February 2006, but the woman moved to California and prosecutors were unable to find her to participate in Medina’s trial, Hurlbert said.
“We thought this was a very good case to prosecute and we were anticipating a conviction,” Hurlbert said.
Medina and the woman ” whose name is being withheld ” met in a bar and returned to Medina’s residence, where the woman willingly entered his room, authorities said.
Hurlbert and Fahrenholtz disagreed as whether the sex was consensual.
“(Witnesses) said they saw him and her in the bar and that they were all over each other,” Fahrenholtz said.
Medina and the woman were talking and flirting, but were not “all over each other,” Hurlbert said.
The woman “passed out” and spent the night at Medina’s home. She woke up, vomited, left Medina’s home without her underwear and reported the rape to police, Hurlbert said.
After he denied raping the woman, police found the woman’s underwear between Medina’s bed mattress and boxspring during a search of his bedroom and arrested him, Hurlbert said.
Scratches were found on the man’s chest and the woman reported soreness in her vagina, Hurlbert said.
The woman was an adult, but Hurlbert did not know her age, he said.
A nurse’s exam showed Medina did not rape the woman, Fahrenholtz said. The underwear was put between the boxspring and mattress during sex, he said. The scratches showed that the woman enjoyed the sex, Fahrenholtz said.
“It’s another one of these he said, she said or she said, he said cases,” Fahrenholtz said.
Police did not investigate the incident thoroughly, Fahrenholtz said. They failed to interview those who saw Medina with the woman at the bar and the man’s roommates, he said.
“We were fully prepared to bring up any issue that they thought was strong in the case,” Fahrenholtz said.
Hurlbert said police did a good job in the case and called Fahrenholtz’s comments “a typical defense attorney ploy,” he said.
Staff Writer Steve Lynn can be reached at 748-2931 or firstname.lastname@example.org.
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