RACINE — A case against a Racine man accused of sexually assaulting a 5-year-old girl last August has been dismissed.
Orlando Deleon, of the 1600 block of Holmes Avenue, was charged on Sept. 2, 2015, with first-degree sexual assault of a child, after it was alleged that he assaulted the girl in his home.
According to a criminal complaint, the victim, a 6-year-old friend and her 8-year-old sister were playing with Deleon’s cats when the victim stayed behind.
The 6-year-old allegedly told investigators that the victim went back inside, where Deleon is alleged to have given the girl a dollar because “she had played a game.”
As part of the “game,” the victim later told investigators that she was blindfolded and walked to a bathroom where the assault is alleged to have taken place, the complaint states.
The victim’s sister told investigators she saw Deleon place a blindfold on the victim and guide her to the bathroom. The older sister also allegedly heard Deleon tell the victim: “Don’t tell anyone.”
Deleon told investigators that he had merely asked the girl to close her eyes and then placed a spoonful of applesauce in her mouth.
Deleon was jailed on his charge and given a $100,000 bond. The case was proceeding towards a Sept. 13 trial date when the state on Friday called for the charge to be dismissed on a prosecutor’s motion.
Asked why the state had asked for the dismissal, Racine County District Attorney Rich Chiapete stated that there “were burden of proof issues.”
The prosecutor handling the case, Assistant Racine County District Attorney Robert Repischak, had recently reviewed the entirety of the case with the victim’s family, including the Child Advocacy Center interview, Chiapete said, and based on a meeting with the victim and her family it was agreed that the case would be dismissed without prejudice.
“ADA Repischak indicated that they met at length and that the family understood the issues with the case,” Chiapete wrote in an email. “If additional information or evidence is received that impacts this case, it could be re-issued.”
Deleon had faced up to 40 years imprisonment if convicted on the charge. It is not clear how long he spent in jail while the case was proceeding.
Attempts to reach the defendant and his attorney on Monday were unsuccessful.