By RAELYNN RICARTE
News staff writer
December 11, 2007

Hood River Circuit Court Judge Donald Hull exonerated Hector Ortiz, a local school employee, from charges of molestation on Monday.

“The court is not saying the incident did not take place. The court is saying there is no moral certainty that the incident took place,” said Hull at the Dec. 10 hearing.

He said the state had not met its burden of proof to have Ortiz convicted of a crime. In January, the instructional aide was indicted by a grand jury for first-degree sex abuse and attempted sex abuse involving an elementary school student.

Ortiz insisted that he was innocent of the charges brought against him. He waived the right to a jury trial and chose to take his case before Hull. A three-day bench trial took place two weeks ago and defense attorney Andrew Carter argued that the girl had been coached to bring a false complaint against his client.

Hull, acting as the sole juror, spent 10 days after the trial examining evidence before rendering a verdict.

He told Ortiz and the alleged victim’s family on Dec. 10 that “not a day had gone by” when he hadn’t thought about the case. But he could not find the defendant guilty based on the evidence that had been presented for consideration.

“It’s been a year and a lot of difficulty,” said Ortiz a few minutes after Hull’s ruling. He declined further comment on the case.

His friend, David Skakel, of Mosier, said the incident should serve as a reminder against “rushing to judgment, presumably with an unabashed sense of duty to protecting our children.”

“Sex abuse of any kind with a minor is a most serious charge, as reflected by our institutional safeguards and strict sentencing,” said Skakel.

“All the more reason to keep an open mind, when considering whether a crime or a false allegation has occurred. Let’s please remember the cornerstone of fairness for our judicial system — that the accused are presumed innocent until proven guilty.”

Since being accused of inappropriately touching a student, Ortiz, who works with special education classes, has been on paid administrative leave. He was directed in January to stay away from the two Hood River County School District campuses where he had worked.

After court was dismissed, Sheriff Detective Gerry Tiffany, who investigated the case, said: “There’s no doubt in my mind that this little girl was telling the truth and I’m sorry the court couldn’t see it that way. Basically, I think he (judge) called her a liar.”

Deputy District Attorney Carrie Rasmussen said it is not unusual for cases of sex abuse to not involve physical evidence. She was unsure what Hull felt was missing in her prosecution since the testimony of the plaintiff “never wavered” and the defendant chose not to take the stand.

“I’m not sure what a child would have to do beyond telling her teachers, her mother, the Department of Human Services, the police and Cares Northwest (a child advocacy center in Portland) on videotape and in person, while under oath, what had happened. She also demonstrated how she was touched and I’m not sure what more we could ask of her,” said Rasmussen.