ROCKFORD, Ill. (WTVO) — Sexual assault charges against Rockford Police Officer Daniel Basile were dismissed in court on Tuesday.
Basile was charged after a woman claimed that he took her home from a bar on October 2019, and sexually assaulted her.
Basile was placed on administrative leave and asked for his charges to be dropped, on the basis his due process right were violated in the case.
Basile told a Detective Vince Kelly, during a recorded interview on October 13th, 2019, that he had gone home from a bar with a woman identified as “Jane Doe.” Basile said they went back to her house and had sex. Prior to the act, Basile said that he had asked Jane Doe if she was “sure this was ok,” and he said she answered “yes.”
He also told Detective Kelly that although they had both been drinking, he did not believe that she was intoxicated to the point of not being able to consent to have sex, and said he had waited in her bedroom as she went to and from the bathroom.
Jane Doe later claimed that she was in and out of awareness due to her intoxication and did not know how she got to her bedroom, and filed a complaint against Basile that resulted in charges of criminal sexual assault.
When seeking an indictment from the Grand Jury on November 6th, court records show that a prosecutor for the State’s Attorney’s Office presented statements attributed to Basile that were not actually statements Basile made.
According to court records, the prosecutor assigned to the case brought Detective Kelly before the Grand Jury, where a juror asked a series of questions and received misleading answers.
The juror is reported to have asked Kelly, “You said [Jane Doe] was extremely intoxicated, correct?” to which Kelly responded, “Correct.”
The juror then asked, “How do we know that the person she claims did this to her did it to her?” to which Kelly responded, “Because he told me he did.”
The court found that the prosecutor did not ask Kelly for clarification about what he meant, and that when he said Basile “told me he did,” the jury took it to mean that he admitted he sexually assaulted Jane Doe.
The Grand Jury then indicted Basile on two counts of criminal sexual assault.
Basile’s attorneys filed a motion to dismiss that case on the basis that the prosecutor failed to follow up or clarify Detective Kelly’s answers, and that represented false or misleading testimony.
On Tuesday, a judge granted Basile’s motion, dismissing the 2 counts of Criminal Sexual Assault without Consent, saying the prosecution had an obligation not to present false or deceptive testimony in response to the Grand Juror’s questions.
The state has filed a Motion to Reconsider, which will be heard on December 28th.