On the day a Norwalk father was to stand trial on charges he drugged and assaulted a babysitter in his home, the prosecution instead dismissed the case.
Deputy District Attorney Duke Powers told the Superior Court Wednesday that the complaining victim was "uncooperative" and without her testimony, the prosecution could not proceed.
The case had attracted widespread media attention after the arrest last February of Kevin Cady, 53, father of minor children. According to information released then by the Los Angeles Sheriff's Department, Cady hired the 22-year-old woman through an online sitter service.
When he returned later in the evening, with his children in bed, he allegedly served the woman alcoholic drinks. She told authorities there was an odd taste and she became drowsy. When she later woke up, she told detectives, she was being sexually assaulted. She left the home and several hours later, contacted law enforcement.
After the arrest, the Sheriff's Department requested "anyone who has had a similar encounter" to come forward. But the investigation did not result in any additional counts.
During a preliminary hearing last July, Judge Leland Tipton determined there was sufficient evidence to warrant trial. The sitter did not testify at that hearing but for the lesser standard of probable cause, the prosecution was able to rely on the testimony of the investigator, sheriff's Det. Debra Marquez.
Marquez testified that analysis of a sample from the woman found evidence of Midazolam, a powerful prescription sedative that can induce sleep.
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Cady denied drugging or touching the woman. His defense had intended to challenge her account, and also the validity of the lab finding, said attorney Daniel Prepas.
Prepas had pushed for dismissal prior to learning the DA's main witness ultimately would decline to testify.
Reached afterwards by phone Wednesday afternoon, Deputy DA Powers said efforts were made to convince the sitter she should testify, but she did not relent. Powers did not elaborate on any reasons she gave for her reluctance.
Cady acknowledged drinking with the complaining victim and playing cards with her, according to a supplemental report prepared by Marquez, a copy of which was obtained by NBCLA. Cady told the detective he thought the woman "woke from a bad dream, because she quickly stood up, grabbed her purse, and left," the detective's report stated.
DNA analysis of recovered organic material was attempted and produced a "profile match," but the sample was deemed inadequate for identification through law enforcement's CODIS, the Combined DNA Index System.
For the purpose of the interview, Marquez revealed that she used a "ruse" and "fabricated a false DNA letter" stating that the suspect's DNA had been identified "on the victim's buttocks/vaginal area."
Cady replied that the only way he could have transferred DNA to her is through the playing cards they both touched.
