RSSRape charges dismissed against Yakima attorney
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YAKIMA, Wash. — A judge dismissed rape and molestation charges against a Yakima attorney this morning after prosecutors conceded the teenage accuser has recanted at least some of her allegations.
The dismissal order by visiting Klickitat County Superior Court Judge Brian Altman was made with prejudice, a legal term that essentially bars prosecutors from ever refiling the charges against the defendant, Aaron Dalan.
"It is time to draw this to a conclusion," Altman said, announcing "I am dismissing this case with prejudice."
Altman made his ruling after a brief, but contentious, hearing in which one of Dalan’s attorneys, David Allen of Seattle, accused Yakima County Prosecutor Jim Hagarty of being "irresponsible" for not agreeing to dismiss with prejudice.
Hagarty conceded the accuser has recanted at least some of the allegations she made last year against Dalan, a veteran criminal defense attorney who has worked for the county public defender’s office.
But the prosecutor said the accuser’s reversal came amid a nervous breakdown that has made it difficult for prosecutors to determine her true state of mind.
"The point is, this case cannot proceed at this point of time," Hagarty said, adding, "She has not recanted everything."
The prosecutor’s position drew the ire of Allen who accused Hagarty of not being forthcoming and the accuser of being "a liar and a perjurer."
"Aaron Dalan is innocent, and this troubled teen has committed crimes. What she’s done in this case is terrible," Allen said.
Altman decisively ruled in favor of Dalan, who was warmly greeted afterwards by a number of colleagues attending the hearing.
Dalan, 40, said he was not sure what his next step will be. He has been on unpaid leave from the Yakima County Department of Assigned Counsel and isn’t sure if it’s practical that he can return to work here.
"If I can, I certainly want to," he said, adding, "This experience hasn’t caused me to change my values."
The accuser’s mother and stepfather also were in attendance. They left without comment.
-- Chris Bristol
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