The abuse charge against a licensed practical nurse from Elmore, Alabama was dismissed after prosecutors failed to meet the burden of proof. The burden of proof required in a criminal case is much greater than in a civil case. The victim's family reached a settlement earlier with the operators of the nursing home, but the amount was not disclosed.The October 2003 incident at Resurrection Catholic Nursing Home was not the first time the defendant has been accused of sexually assaulting elderly women. A similar Elmore County charge involving another nursing home was dismissed in 2001 because the victim, suffering from dementia, could not identify her attacker.
The Autauga County jury was not told about the earlier charge because they could not consider prior acts in the case.
During five hours of testimony, several former co-workers testified that the defendant often stayed beyond his 8-hour shift and was seen walking through the halls on several occasions. The defendant worked at Resurrection only 30 days before the alleged incident occurred, and he was terminated, along with several other employees on duty that night.
Police believe the woman was attacked sometime in the early morning hours of Oct. 9, 2003. The woman suffered a black eye, finger-shaped bruising on her right arm, and bruises on her inner thighs. An examination also indicated she had been raped and suffered internal injuries. (Alabama Nursing Home Abuse)
