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July 12, 2007

A.G. drops case alleging sex assault 32 years ago

Attorney General Patrick C. Lynch's office announced today it has dismissed a sexual assault case against a Narragansett man dating to 1975, saying the witness's testimony based on repressed memory would have difficulty clearing a legal hurdle in court.

A Washington County grand jury had charged Harold Allen, of 30 Riverview Road in Narragansett, with one count of first-degree sexual assault by way of secret indictment on May 25.

However, a prosecutor filed the dismissal form in Washington County Superior Court today.

"After meeting with the victim and assessing her grand jury testimony in light of the holding in State v. Quattrocchi, the State dismisses this case," the dismissal form states.

The form goes onto say that "the victim indicated she understood and accepted the state's dismissal. The state dismisses despite its belief that the allegation made by the victim and corroborated by independent evidence established probable cause.

"However, the high burden for admissibility, at trial, of testimony based on repressed memory as set forth by the court in Quattrocchi provides a legal impediment that the State is unlikely to overcome."

The victim made a complaint to the North Kingstown Police, which referred it to the Attorney General's Office on June 15, 2006. Lynch's office presented the case to the grand jury in May.

Allen voluntarily appeared in court May 31 and pleaded not guilty to the charge.

-- projo.com staff writer Michael P. McKinney, with archival reports

Posted by Mike McKinney  at 6:20 PM | Permalink

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