Prosecutors have agreed to hand over information about a past sexual assault case that eventually was dropped and involved the same teen now accusing a former Hamilton County sheriff's deputy of sexually assaulting her during an arrest.
But the Hamilton County district attorney's office still is unwilling to explain why it dismissed all charges against the 20-year-old man, who was accused by the then 14-year-old girl of forcibly raping her.
"My contention is that I still need to know why the case was dismissed to effectively defend my client," said defense attorney Jesse Dalton, who represents ex-deputy James E. Spates.
At a hearing Monday, Hamilton County Criminal Court Judge Don Poole agreed with the D.A.'s office, ruling that he would not require prosecutors to reveal their reasoning for dropping the prior case.
Mr. Dalton said the ruling didn't surprise him because there is no case precedent for forcing authorities to explain prosecution decisions.
Mr. Dalton said in May that he found out "by accident" that the accuser in Mr. Spates' case apparently had a prior history of making rape allegations that hadn't held up in court. He filed a court motion seeking details of the prior accusation, arguing that such information was critical to defending Mr. Spates.
While Mr. Dalton now at least has details about the investigation into the alleged rape of the girl when she was 14, he said he still could face challenges in upcoming court hearings about whether that information can even be presented to a jury during Mr. Spates' trial in the fall.
Mr. Dalton said in court that he expects the prosecution to make objections based on Tennessee's rape shield law, which in general prevents defense attorneys from highlighting an accuser's sexual history for purposes of defending someone accused of a sexually oriented crime.
But there are exceptions, Mr. Dalton said, such as when there is evidence that the accuser may have made false allegations of a sexual nature in the past.
Prosecutors have declined to comment on the case, citing the policy that prevents them from commenting on pending cases.
Mr. Spates maintains his innocence and is prepared to go to trial, Mr. Dalton said. The former deputy is charged with four counts of sexual battery by an authority figure and three counts of official misconduct.
The girl, who was 16 at the time of the alleged incident and has a criminal history in Juvenile Court, claims Mr. Spates touched her inappropriately in December 2008 while transporting her to juvenile lockup.
There are two other alleged victims who claim similar treatment by Mr. Spates in separate incidents.
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Article: Defense attorney to use accuser's past in sex case
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