A Cochise County Superior Court Judge ruled on a motion to dismiss the sexual assault charge in the John Daly III case in which the retired Border Patrol Agent is charged in connection to a 2001 case in Bisbee.
Daly’s is represented by attorneys Ralph Ellinwood, and Michael Terrible who argued before Superior Court Judge Richard Karwaczka that the sexual assault count in Daly’s indictment should be dismissed based on the lack of proof to support the charge. Terrible said during a hearing on April 14, “The there is no proof, no evidence to support the count. This is a waste of time.”
Attorney for the State, Brian McIntyre, told Judge Karwaczka police were called after the alleged victim went to a neighbor’s house naked asking for help. The victim had been stripped naked, bound and reportedly had gone in and out of consciousness. He said it is reasonable for the State to argue the sexual assault charge……read full story (online subscribers only)