BEAVERTON, Ore. (KOIN) — Prosecutors dropped charges against a Hillsboro man who police said sexually abused a young boy at a home daycare a decade ago, KOIN 6 News has learned.
Richard Lee Alexander has no history of the behavior he was accused of, his criminal defense attorney, Edward Kroll told KOIN 6 News in an email.
“Mr. Alexander is a family man, with several kids and many grandkids,” Kroll wrote.
A Washington County grand jury indicted Alexander last year on accusations of first-degree unlawful sexual penetration and first-degree sexual abuse that reportedly occurred in 2001, Beaverton Police said in a prepared statement at the time. The case was investigated by Beaverton detectives, because that was the agency to take the report even though the reporting party claimed the abuse happened in Hillsboro.
Officials have said the reported abuse occurred in a home where Alexander’s wife ran a daycare. The person who made the allegations told police he was 5-years-old at the time when the abuse happened.
The case went to trial in February, Kroll said. After 13-hours of deliberations, the jury was unable to reach a verdict, Kroll wrote.
According to the defense attorney, the jury reported its split as 6 not guilty, 3 guilty and 3 declined to answer. In Oregon, unless dealing with a murder, a 10-2 vote is need to convict or acquit, Kroll wrote.
Last week, Kroll said the Washington County District Attorney’s Office informed him that they would not re-try the case, and they would be filing a dismissal.
“There were some other issues with the case as well, that I believe led to the dismissal,” Kroll wrote.
The description of the suspect at the time did not match Alexander, Kroll stated. The defense attorney took issue with the way Beaverton police attempted to have the victim identify the alleged assailant.
“They showed a single picture of Mr. Alexander to the victim and asked him if this was the man,” Kroll said. “When the victim saw the picture, he said only that the man ‘looked familiar,’ but he did not positively ID the picture.”
Kroll said his client is happy the District Attorney’s Office has taken a second look at the case.
“Dismissing a case is not something that the state does lightly, and Mr. Alexander appreciates the thought and consideration that went into that ultimate decision,” Kroll wrote. “He is very happy to have his life back and be able to see his kids and grandkids.”
The deputy district attorney handling the case is out of town and could not be reached for comment.
— Brent Weisberg