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uay-care cenier caseArrest record to be shreddedByPATLAKEY Staff writer In a relatively rare decisionMonday, Superior Court JudgeCharles Fogerty ordered that the record of the arrest of Kelly Hack-erott, who was acquitted last month of child molesting charges, be destroyed.In making his decision Fogerty leveled some scathing remarks regarding the 5-year-old key witness in the trial and against one of the prosecution’s expert witnesses, a doctor from Sacramento.“The testimony consisted of that of a child who was totally untruthful,” Fogerty said in court. He added that the testimony of a doctor from the UC Davis Medical Center in Sacramento who testified that in her opinion the 5-year-old boy had been molested was “valueless to this court.”“She’s (the doctor) part of a system that I don’t approve of.” Fogerty said. “It’s a system that looks for guilt instead of innocence. (Her testimony) was totally unprofessional on her part.”Fogerty indicated that because of recent interest and pressure from the public regarding child molesters it is difficult to get justice in cases where the defendant is innocent. “Someone must have the courage ... not to do what the mob on the street wants, he said.Hackerott was accused of sexually abusing the 5-year-old and his 3-year-old brother while the siblings were under care at a Cameron Park day-care center run by Hackerott s wife. The mother of the children, Shelley Gardner, has filed a civil suit against Hackerott that still is pending despite the fact that a jury in April found Hackerott innocent. The Haekerotts, in turn, have filed a lawsuit against Gardner alleging among other things, slander, libel and intentional infliction of emotional distress.El Dorado County District Attorney Ron Tepper took exception to Fogerty*s remarks about the Sacramento doctor who testified for the prosecution during Hack-erott’s trial.“I’m hard-pressed to figure out how a judge can level those kinds of accusations against ‘the doctor) and make a finding concerning anatomical evidence,” Teppersee JUDGE, page A-10
Newspaper Details
Placerville Mountain Democrat
Placerville, California, US
Wed, May 15, 1985
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Full Page
Clipped by
Anonymous
USA 31 Jan 2022
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