Utah
Utah prosecutors dismiss decades-old sex assault case over evidence concerns
A case filed in 1997 was dismissed Jan. 10 attributable to evidentiary issues. The person charged with kidnapping and sexually assaulting a lady was extradited from California in February 2022 and remained in custody till Might. (Yukai Peng, Deseret Information)
Estimated learn time: 2-3 minutes
WEST JORDAN — Jaime Diaz Calderon was arrested in California in February on costs accusing him of kidnapping and sexually assaulting a lady in Salt Lake Metropolis 25 years in the past.
However on Jan. 10, prosecutors dismissed the case towards him, months after the alleged sufferer testified that she could not bear in mind particulars from so way back.
The arrest warrant was issued in June 1997 for aggravated kidnapping and two counts of aggravated sexual assault, first-degree felonies; and theft, a second-degree felony.
Salt Lake County District Legal professional Sim Gill mentioned the case has now been dismissed “attributable to evidentiary issues.”
At Calderon’s preliminary listening to on Might 4, the lady who had initially accused him of assault testified that she didn’t bear in mind the occasions she reported in 1997. She mentioned she remembered an argument with Calderon, moving into his automobile and being scared, however didn’t bear in mind whether or not he confirmed her a gun, the place they went or an assault.
She additionally mentioned whereas being questioned that she did not bear in mind telling officers in a more moderen interview that nothing had occurred, however agreed she informed officers she didn’t need the prosecution to proceed.
One other lady testified that the alleged sufferer informed her in 1997 that she had an argument with Calderon on the Salt Lake Metropolis Worldwide Airport. She mentioned she was informed that Calderon pulled out a gun when he was asking the lady to get into his automobile, which she did not need to do, and that Calderon then drove the lady to an residence the place he sexually assaulted her.
Calderon was held in custody in Utah from February 2022 till after that preliminary listening to on Might 4, when third District Choose Matthew Bates decided there was not sufficient proof to carry him on the $250,000 bail and diminished bail to $10,000.
Bates mentioned the DNA proof from Calderon that matched DNA taken from the lady in 1997, plus her testimony had been sufficient to order Calderon to face trial, though he mentioned a conviction would possible be troublesome for a jury.
The case was dismissed with out prejudice, that means a few of the costs could possibly be filed once more if these evidentiary issues are resolved.