MADISON, WI (WTAQ) - A state appeals court said a judge in Waupaca County did the wrong thing by dropping a sexual assault case against a Madison man.
Sloppy police work apparently convinced Circuit Judge Philip Kirk to drop 3 charges against Thomas McEssey. But Thursday, the Fourth District Appellate Court in Madison reversed the dismissals, saying that McEssey never showed how his rights were violated.
McEssey, who’s now 25, was charged almost 4 years ago with second-degree sexual assault of an unconscious victim, third-degree sex assault, and disorderly conduct.
According to court filings, a sheriff’s deputy accidentally deleted a recording of a phone conversation between McEssey and his victim. But officer did find a recording which had the victim’s story – and the state tried to admit it as evidence.
Judge Kirk said the loss of the full conversation showed there was no way McEssey could get a fair trial.