TUSTIN : Lack of Evidence Hinders Prosecution

The district attorney’s office will not file sexual assault charges against a Tustin nursing home employee suspected of raping a resident, Deputy Dist. Atty. William L. Evans said Monday.

“There is insufficient evidence to prove the case beyond a reasonable doubt,” Evans said.

A frail resident of Tustin Manor reported in early August that she had been raped by an employee, but the investigation was delayed while police awaited laboratory results.

The tests were complicated because the resident waited three days after the alleged attack to notify authorities, Police Lt. Houston Williams said. The woman, who suffers from a nervous system disorder, said she was so shaken that she told no one about the alleged incident until her husband came to visit.

The woman’s husband said he understands why the district attorney’s office cannot prosecute the case.

“They have no choice in the matter,” he said. “Lacking any physical evidence, it’s just one person’s word against another, and if you were to put (my wife) on the stand, it would be easy to confuse her.”

She would look silly and they would look silly for putting her on the stand.”

Her illness, Huntington’s disease, is a disorder that destroys brain cells and causes involuntary body movements, mental disturbances and eventual death.

Jackie Lincer, district administrator for the state Department of Health Services’ licensing and certification division, said the state is still investigating the incident and has not yet received reports from the police and district attorney’s office. The home has a good record with the state, Lincer said.

Officials at Tustin Manor declined comment.