A Troubled Rape Case 

The high-profile rape charges against Deputy District Attorney Michael Gressett are tainted by questionable facts, unorthodox prosecutorial conduct, and the unmistakable whiff of politics.

The rape allegations from within Contra Costa County's District Attorney's office were bound to make big headlines. Michael Gressett was a 51-year-old deputy district attorney who worked for the sexual assault unit. His alleged victim was a 29-year-old coworker who said Gressett violently assaulted her during a lunch break. The Martinez Police Department's September 2008 press release was replete with lurid charges like "sodomy," "forced oral copulation," and "penetration with a foreign object." The alleged props — including a gun, handcuffs, steak knife, ice cubes, and an ice pick — seemed plucked from the pages of a Marquis de Sade novel.

Not surprisingly, the story attracted wide attention. The San Francisco Chronicle assigned two reporters and the Contra Costa Times posted a complete copy of the criminal complaint on its web site. Television news joined the fray, and soon Gressett's face was plastered all across the Bay Area. And no one followed the story more closely than the lawyers and politicians who work for Contra Costa County. So many people have viewed the case file that clerks in the courthouse keep it handy like it was a popular library book. When a reporter asked for the file by its case number, the clerk immediately said, "Oh, you want the Gressett file."

The veteran prosecutor's reputation as an office iconoclast only added to the case's newsworthiness. Gressett has run for the position of Contra Costa County District Attorney three separate times, putting him in disfavor with the old-boy power structure that has controlled the office for decades. After the charges came to light, District Attorney Robert Kochly did what he could to distance his office from Gressett's alleged behavior. "It's a sad day for our office for anything like this to occur," Kochly told the Chronicle. "Anything of this nature is devastating to the office. It's antithetical to what we're about."

After his arrest, Gressett might have been expected to cease being a thorn in management's side. Once he was released from jail on a $1 million bond, he was promptly fired. He now faces a possible life sentence for thirteen felony counts including rape, forced sodomy, forced oral copulation, and making death threats.

But instead of slinking away, his defense team has mounted an aggressive investigation that is shedding a withering light on both the DA's office and the charges against him. The inquiry exposed an office sexual culture so highly charged that it makes HBO's Mad Men look like pimply sophomores toeing their insteps at a high school dance mixer. The inquiry also sheds light on an unusual contract hiring system in which young attorneys like the alleged victim live in constant fear of losing their jobs. "Pandora's box has been opened and what's inside is not pretty," said Michael Cardoza, one of Gressett's defense attorneys. "I was a deputy district attorney for sixteen years and I am appalled at what goes on in that office."

Both Gressett and his alleged victim, who is referred to in court filings as "Jane Doe," provide a remarkably similar account of the acts that occurred during their kinky sexual encounter. The critical difference in their stories is whether the sex was consensual. And the defense has unearthed evidence that it could have been.

But that is not the only flaw in the prosecution's case against Gressett. Jane Doe appears to have misrepresented significant facts of the case to investigators, co-workers, or friends, according to notes from the official investigation. For instance, although she told colleagues that she was seriously injured during the assault, Gressett's attorneys say this conflicts with medical records that show no such injuries. She also did not immediately seek medical attention or report the rape to police, but instead went to a private attorney who is well connected to the power structure in the DA's office.

The case's final problem is the unorthodox way that the DA's office handled its investigation. After District Attorney Kochly was made aware of the allegations, he took no action for four and a half months — a period during which Gressett was allowed to continue working alongside female deputy district attorneys and sex-crime victims. Months later, once Kochly did take action, he assigned the investigation to a lawyer who has bad blood with Gressett and a significant stake in the office's upcoming election.

Gressett's attorneys say the prosecution is a politically motivated witch hunt that has sidelined two of the administration's internal threats. Indeed, the case has bled into next year's election for district attorney by drawing both frontrunners into the fray. Kochly's anointed heir, whose law partner initially represented Jane Doe, has hired his own attorney to keep Gressett's attorneys from obtaining his telephone records, which could have a bearing on the case. Meanwhile, Kochly demoted Gressett's supervisor — who also happens to be a candidate for DA and a serious threat to Kochly's chosen successor — for complaining about the manner in which the DA conducted the rape investigation.

"This case has stirred up a shit storm," said Gressett's lead attorney Daniel Russo. "And the Contra Costa District Attorney's Office is right in the middle of it."


Since the 1960s, the district attorney has been perhaps the most powerful person in Contra Costa County. The office has been run by a line of Republicans who have always been favored by the county's power structure, which is largely funded by the county's five oil refineries. When John Nejedly, the county's first full-time DA, retired in 1969, the job went to William O'Malley. In 1984, O'Malley handed it to Gary Yancey, who handed it to Robert Kochly, who is now hoping to hand it to William O'Malley's son, Dan O'Malley.

Gressett has challenged the line of succession in three elections, which has perpetually put him at odds with the DA's administration. He ran against Yancey twice, once in 1994 and again in 1998. In 2002, he ran against Kochly during his first campaign for office. Since then, there has been tension between Gressett and Kochly's administration. One way the administration has demonstrated its disfavor toward Gressett is by repeatedly passing him over for promotion, according to his attorneys. There has been a long-standing policy that all lawyers who reach their fifteen-year anniversary in the office automatically receive a promotion to a level-four pay grade. Gressett, however, was the only lawyer repeatedly passed over for that promotion, according to his attorneys. They note that he only finally received the promotion in his nineteenth year, presumably because he didn't run against Kochly again in 2006.

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Dear Editor, I am the attorney Jane Doe contacted in this case. Your story is so inaccurate I find it hard to believe you would write this without contacting me her attorney. Its obvious all your information came from one person who is trying to make a name for himself and desperatly trying to bring people into this case that have nothing to do with it.. I have been a criminal defense lawyer for over 24 years. Everyone that I have dealt with in the Contra Costa DA's office have handled this matter with the utmost/ethical standards The case is simple ,did he commit a criminal act or didnt he? Thats for the jury to decide. Tom McKenna

Posted by tommckenna on October 28, 2009 at 8:41 PM | Report this comment

I think the above comment is a fake. I highly doubt that Mr. Mckenna would put his name on such a poorly written comment filled with spurious claims. I think someone may have hit the bottle a bit too hard this evening. I hope he/she removes the comment before real trouble starts.

Posted by aroundtown on October 28, 2009 at 11:34 PM | Report this comment

Begin with Jane Roe, of the Roe v.Wade case. Roe eventually admitted that she lied about being raped for the simple reason that, as a feminist, she wanted to make a stronger case for women's right to an
abortion.

Cathleen Webb lied about being raped out of fear of what her parents would say if she became pregnant. The falsely accused man, Gary Dotson, spent six years (of a 50 year sentence) in prison in spite of her admission that she had lied about being raped. Prosecutors refused to believe she was telling the truth about having lied.

In an investigation of 556 rape cases, reported in Forensic Science Digest, Vol.11, no.4, Dec. 1985, it was found through DNA testing that 33% of the accusations were false. Another 27% in the same study were shown to be false when the women involved admitted lying, or were shown to be lying by lie detector tests. That's a total of 60% false accusations.

Even the liberal Washington Post reported it's own study, in June, 1992, wherein 30% of allegations of rape were proven false.

A study by Hugo Adam and Micheael Radelet, reported in Stanford Law Review, 11/87, found 350 cases where DNA proved the accusation false. Sadly, 23 of the men falsely accused had already been executed, and eight more had died in prison. Quite a high price to pay for promoting the false notion that women don't lie about sexual assault.

Internationally acclaimed attorney, Harvard Law School Professor Alan Dershowitz published an article in the Boston Herald (8/6/94) in which he discussed a nine year study by a Purdue Univ. (female)
Sociologist, reported in The Archives of Sexual Behavior, conducted in a large metropolitan area, including two large universities, in which the data showed that 40% of the sexual assault allegations were false. The
only definition of "false" was the admission by the supposed "victim" that she had lied. Another study reported in Dershowitz's article was done by New York City sex crimes prosecutor, Linda Fairstein in 1987.
Fairstein found that, of 4000 reports of rape each year in Manhattan, "about HALF simply did not happen!" To paraphrase the Jerry Lee Lewis song, there’s "A whole lot of lying going on!"

Posted by pclemsc on October 29, 2009 at 2:31 AM | Report this comment

WHY WOMEN LIE ABOUT RAPE

The National Organization for Women , radical feminists, and Women’s Studies departments, often deny that women make false accusations about rape by asking the naïve, simplistic, and self-serving question:
“Why would a woman lie?” It turns out that there are plenty of reasons women lie about rape, either deliberately or out of desperation.
A U.S. Air Force study, “The False Rape Allegation in the Military Community.(Forensic Science Digest.Vol II, No.4, Dec. 1985) investigated 556 cases of alleged rape, and found a 60% rate of false accusations. As part of the study, women who were found to have made false accusations were asked “WHY?”

Motivations given by the women who acknowledged they had made false accusations:

REASON PERCENT

Spite or revenge 20
To compensate for feelings of guilt or shame 20
Thought she might be pregnant 13
To conceal an affair 12
To test husbands’ love 9
Mental/emotional disorder 9
To avoid personal responsibility 4 4
Failure to pay, or extortion 4
Thought she might have caught VD 3
Other 6

TOTAL 100%

The study found that most false accusations are “instrumental” – they served a purpose. If the purpose isn’t avoiding guilt, or getting revenge, it might serve a more focused purpose, for example, telling her parents; “I didn’t just go out and get pregnant, I was raped.” Or, telling her husband, “I didn’t have an affair, it wasn’t my fault, I was raped.” (IN THIS CASE: DIRTY POLITICS)

An unrelated Washington Post article, “Unfounded Rape Reports Baffle Investigators” (6/27/1992) also found a wide range of motivations to falsely accuse men of rape. Anger toward boyfriends was common. One woman had her boyfriend spend 13 months in jail before she acknowledged that she had lied. One woman accused her newspaper delivery man of raping her at gunpoint because she needed an excuse to be late to work.
Neither woman was prosecuted or even reprimanded for lying to the police and attempting to have a man frivolously imprisoned. In another case, police say the young woman who admitted to falsifying two rape reports only wanted a day off from work.

All rape accusations need to be considered seriously, as, no doubt, rape does occur. But a balance needs to be maintained between the claims of the accuser against the all-too-often legitimate denial of the accused.

Women who are found to have made a false sexual assault complaint should be punished with lengthy prison sentences. Perhaps that will make other women think twice before making false complaints.

Posted by pclemsc on October 29, 2009 at 2:35 AM | Report this comment

EDITOR'S NOTE: The author of the story assures me that he made one or more unanswered calls to Tom McKenna. He also called and spoke to "Jane Doe," who declined to comment for our story.

Posted by Stephen Buel on October 29, 2009 at 3:25 PM | Report this comment

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