Photo by File photo Andrew Allen

Charges of first-degree sexual assault were dismissed against a 20-year-old Stapleton man Wednesday after his defense attorneys proved he could not have done it.

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Andrew K. Allen was charged with sexually penetrating his 7-year-old cousin in 2003.

A North Platte police spokesman said the alleged incident occurred in 2003 at the young girl’s residence. Allen, then 17-years-old, was allegedly babysitting the girl when the abuse occurred, according to the spokesman.

Allen was arrested nearly four years after the alleged incident happened.

The girl, now 11-years old, was visiting her grandfather in eastern Nebraska last summer when she confided in a social worker that Allen had allegedly molested her.

The spokesman said Allen allegedly used coercion and fear to intimidate the young girl and “have his way with her.”

Allen was charged for the alleged crime as an adult and could have faced a maximum of 50-years imprisonment if convicted. He has been held in the Lincoln County Jail since June 25.

But Allen’s defense attorney, Blaine Gillett, said his client had an alibi defense and could not have committed the crime.

Gillett said he was able to prove that at the time of the alleged assault, Allen was attending school in Alaska.

Prosecutors from the Lincoln County Attorney’s office dismissed the charges Wednesday, Sept. 19. A spokesman said the charges could be re-filed should an investigation reveal more facts.

Facts in dispute

During a preliminary hearing July 27, documents were introduced as evidence of two interviews conducted with the girl by the Children’s Advocacy Center and the Nebraska Department of Health and Human Services caseworker.

The young girl described the room in her former home that the abuse occurred in on March 28, 2003.

Allen’s defense attorney, Blaine Gillett, questioned the fact that the girl said she was in the third grade in one interview and in the “first or second grade” in the other interview.

Gillett argued that the court should “be concerned” because there was no corroborating evidence in the case, no forensic evidence in the case and no statement from the defendant that implicated him.

Gillett also pointed out that the young girl was visiting her grandfather, a level-III sex offender, when she made the allegation. A level-III sex offender is one “most likely to re-offend” and that determination is made by the Nebraska State Patrol. He asked that the case be dismissed.

Lincoln County Attorney Jeff Meyer argued that the statements given by the young girl were identical and only one time difference existed. He argued the age of the girl and the fact that she accurately described the room the alleged assault occurred in.

“It was impossible for him to have committed the crime,” Gillett said Wednesday. He said his client has spent 90 days in jail for a crime he didn’t commit.

Gillett said he thought it highly unlikely that charges would be filed again in the case.