By Linjun Fan
The attorney defending Kay Sorg, a veteran Albany Middle School teacher accused of sexual assault, told reporters Friday that the charges are groundless and the case should be dismissed.
Defense Attorney Elizabeth Grossman said there is no evidence to support the allegations, brought by a former student who says she was sexually molested by Sorg in 1991 and 1992.
“There is not one shred of evidence that would support or allow prosecution to go forward in this case, ” said Grossman.
“And this is a tragedy not only for her (Sorg) but for all teachers that some person can come foward 15 years later and make false allegations,” she added later.
Sorg, a science teacher who has been in the Albany Unified School District for 25 years, was arrested and charged with sexual assault on a minor in May.
The alleged victim, who is not being named, said the crimes occurred when she was under 16.
If a sexual crime is conducted against a minor, there is no statute of limitations applied on it.
Prosecutors said that their complaint against Sorg was adequately supported.
“We believe that there is enough information in the complaint to withstand the demurrer, ” said Greg Dolge, Alameda County deputy district attorney.
A demurrer is a motion filed by a defendent that contests the legal sufficiency of a complaint against him or her.
Grossman has filed a demurrer motion to Wiley W. Manuel Court in Oakland asking the complaint against Sorg be dismissed.
Judge Sandra Bean will hear both sides’ arguments in court on Nov. 30.
The case won’t be further pursued if Bean rules that the complaint lacks grounds to stand.
Sorg appeared in court Friday but declined comment.