Murphy – A Cherokee County jury has found a local man not guilty of sex offenses following a four-day trial.
According to a post on The Christy Law Firm’s Facebook page Thursday, the defense team of Rich Cassady and Holly Christy successfully argued that their client was not only innocent, but also that a sheriff’s detective had evidence proving his innocence but still kept the defendant locked up for three years as he awaited his day in court.
Jose Melchor was charged with attempted second-degree rape and statutory rape after being accused of sexually assaulting two of his stepdaughters. However, according to the firm’s statement, evidence seized during the investigation showed that the youngest accuser was using her cell phone nonstop throughout the day of the alleged offense.
“There is no reasonable window of time when this could have happened,” Cassady told jurors.
Sheriff Derrick Palmer said he was on vacation last week and read the accusations against his department the same way others learned of them. He added that Detective Roger Williams was leading the case.
“I’ve been asking questions, came in this morning and talked to the investigative lieutenant, talked to the detectives involved, and we don’t know what they’re talking about,” Palmer said. “Nobody reported anything to me about withholding evidence or knowing somebody is innocent.”
At trial, the mother of the two girls admitted that she initially didn’t believe the eldest accuser when she first mentioned an alleged offense. The defense team argued that the two sisters made up the sex assault allegations after Melchor became a more strict stepfather, sometimes preventing them from using their cell phones or having boys visit their house.
“If the sheriff’s office had put together a timeline of events using the cell phone data like we did, the detective would have known that Mr. Melchor was innocent,” Cassady said in the post.
The jury deliberated for about an hour and a half before delivering a verdict of not guilty on both counts. Melchor, who wept following their decision, said he wished his mother was still alive to see him exonerated.
Palmer was perplexed by the accusations.
“I can’t imagine there being evidence withheld and the District Attorney’s Office not dismissing the case or indicting an officer for withholding evidence,” Palmer said.
“Not only is that immoral and a fireable offense, but it’s also a criminal act if you’re withholding evidence. So if that is true, I don’t understand how an officer could not be charged out of it.”