Judge Drops Case Against Ex-Officer : Simi Valley: The prosecution cites evidence that the man and the alleged rape victim had a sexual relationship.

A judge dismissed a rape charge against a former Simi Valley policeman Thursday after a prosecutor said the woman’s relationship with the officer was more involved than was previously believed.

At the request of the prosecutor, Municipal Judge Bruce Clark dropped the charge against Paul Anthony Nolan, who had been accused of raping a 36-year-old Simi Valley woman in 1989 while he was off-duty.

Deputy Dist. Atty. Patrice Davis Koenig said in her motion for dismissal that new information indicates that the woman had a sexual relationship with Nolan before the alleged incident, and that she had accepted gifts from him and even sent him Christmas cards for the following three years.

Koenig stated that the woman had “engaged in conduct arguably inconsistent with having been raped by Nolan.” Also, the woman has refused to testify against Nolan, Koenig said.

“Based on the complete history of their relationship, a potentially meritorious defense would be that Mr. Nolan erroneously believed that the alleged victim consented to the act of sexual intercourse,” Koenig stated.

Nolan was charged with rape in November after a friend of the woman mentioned it to police during an unrelated investigation. After the rape charge was dropped Thursday, Nolan said the department had failed to fully investigate the allegation before filing the charge.

“If that had been done, they would have found all the information they found later on,” he said. “I’ve been friends with her over 3 1/2 years.” He denied that he had ever raped her: “I’ve never done anything to hurt her.”

The woman could not be reached for comment.

Simi Valley Police Chief Paul Miller said the case was handled properly. “There was reasonable cause upfront to believe a crime had been committed,” he said. He declined further comment about the alleged rape.

“We all knew from the beginning, from the circumstances and the time delay, that this would be a difficult case,” Police Lt. Robert Klamser said. He said the department had attempted unsuccessfully to interview Nolan about the allegation after his arrest, just before the filing of the charge.

Nolan, employed by the department since 1988, was fired Dec. 10 for reasons unrelated to the rape allegation, Miller said. The department was investigating Nolan on another matter when he was arrested, the police chief said.

Nolan met the woman in 1989 when he was assigned to investigate a report that her car had been vandalized, according to court documents. She told police that he came to her residence and asked her for a date, and that when she declined, he raped her, the documents state.

When the allegation surfaced in November, police equipped the woman with a concealed recording device and arranged for her to contact Nolan outside his home.

During the short conversation, the woman recounted the alleged rape. Nolan did not deny the actions on the tape, court records state. At one point Nolan said, “. . . I don’t hurt people,” according to a transcript.

Nolan’s attorney, Deputy Public Defender Todd Howeth, said the Simi Valley police had conducted “a slipshod investigation.” He said that his client had had a sexual relationship with the woman before and after the alleged rape.

Nolan had kept three Christmas cards that the woman had sent him since the incident. On one of the cards, the woman allegedly wrote that Nolan was “a very special friend in my life who has a way of making me smile.” On one, she signed, “with much affection.” The woman also had given Nolan a lapel pin in the shape of a tiny angel.

Howeth said that after his arrest Nolan had spent 14 days in jail. His parents posted bond for him and he has since moved in with them to save money.

Howeth said that in a way it is unfortunate that the case won’t go to trial so that all the evidence can be made known.

“It’s easy to make an allegation,” he said. “It’s difficult for people to ever believe there was not some truth to it. . . . I’m convinced there is no truth to the charge there was sex without her consent.”

Nolan said he wants to resume his career as a police officer. He has appealed his dismissal, but no hearing has been set.