Citing Withheld Evidence, Judge Tosses Rape Case Against Sex Crimes Prosecutor
A California judge has a dismissed rape indictment against a Contra Costa County sex crimes prosecutor because grand jurors were not told of exculpatory evidence that raised issues about the accuser’s credibility.
Judge Thomas Hastings threw out the case against Michael Gressett on Wednesday, report the San Francisco Chronicle and the Contra Costa Times. Hastings said grand jurors should have been told that Gressett’s accuser, a junior prosecutor, was negotiating a $450,000 settlement from the county based on the allegations and once told a colleague she had been raped by a stranger in a van.
The junior prosecutor had alleged Gressett raped her during a lunch break in 2008. He had claimed the sex was consensual.
An arbitrator had reinstated Gressett to his job earlier this year after finding the prosecution was tainted by political animosity. Gressett and his lawyers argued he was targeted because of his unsuccessful campaigns for district attorney and his failure to support a DA candidate backed by the incumbent.
