05 Aug MAN CHARGED WITH SEXUAL ASSAULT GETS A MISTRIALPosted in Sex Crimes
An Illinois man charged with sexual assault has recently seen his case suddenly dismissed in a mistrial. The charges came after an alleged incident that occurred at a nursing home where he provided medical care to residents. He was charged with sexual assault after an elderly resident with dementia accused him of improperly touching her.
The woman claimed that she had been assaulted, but it is noted that there was no physical evidence of any type of assault. It was confirmed that she had dementia and a urinary tract infection, which could possibly lead to memories of events that never actually happened. The Illinois nurse had been employed by the facility for several years and had never been accused of improper actions in the past.
A judge declared a mistrial after the man’s defense team claimed that he had been forced into a confession. Additionally, the prosecution mentioned a polygraph test, which was not admissible in the trial. The judge was concerned that the jury could have been confused if they noticed the prosecution’s mistake. Consequently, the defense asked for a new trial, and the judge granted that request.
This particular case illustrates the importance of having a strong criminal defense when facing serious charges, especially when charged with sexual assault. The quick action of this man’s defense team prevented him from facing an unfair trial because of a mistake from the prosecution. It is not immediately clear if a new trial date has been set, but this man can now focus on preparing for a new trial and determining the best way to defend against these charges.
Source: Chicago Tribune, “Mistrial for man accused of nursing home sex assault“, Amanda Marrazzo, July 31, 2014