DUBLIN — Prosecutors here have dismissed sex abuse charges against a Fremont caregiver who had been accused of sexually abusing a woman in his care, after the alleged victim failed to answer basic questions at an early pretrial hearing.
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The preliminary hearing for Osman Duarte-Gomez, 31, was underway when the Alameda County District Attorney’s office dismissed the case against him, midway through the alleged victim’s own testimony. The woman acknowledged she experiences delusions and hallucinations, and prosecutors couldn’t get through her initial direct examination on the stand, according to court records.
After the dismissal, Duarte-Gomez’s lawyer, Deputy Public Defender Amy Yellen, said the woman’s story “was different every time she talked about it.”
“Our client is innocent, and we’re grateful this is over for him. He did nothing wrong and was cooperative with police from the beginning,” Yellen said. “What police claim happened in this case simply did not occur, and they should have done a better job investigating.”
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A spokesman for Fremont police didn’t immediately respond Monday to a request for comment.
Duarte-Gomez was charged last March, and was freed after posting $20,000 bail. He had been accused of sexually abusing a woman during an outing after allegedly taking her to his apartment. He worked for Bloch Home in Fremont at the time. The care home hasn’t commented on the charges but its website its mission is to “create a safe, inclusive, and nurturing environment for individuals with developmental disabilities” and it boasts a 98 percent client satisfaction rating.
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