Judge rules complaint against Sorg insufficient
By Linjun Fan
A judge ruled the sexual assault complaint against Kay Sorg, a veteran teacher in Albany Middle School, insufficient Friday.
Judge Sandra Bean of Alameda County Superior Court instructed a prosecutor to add more information to the complaint after hearing arguments from the prosecution and Sorg’s defense attorney Elizabeth Grossman.
District Attorney Greg Dolge needs to allege in his charging document that he has independent evidence other than the word of the alleged victim, who claimed to be a student of Sorg’s in the middle school and the two had sex when she was in Albany High School.
The evidence is needed because the case, which is about 16 years old, has gone beyond the statute of limitations, according to the court.
Dolge said after the hearing that he had the independent evidence needed, and it’s just a matter of adding it to the complaint and presenting it to the court again.
“We wouldn’t be able to charge this case if we didn’t have that, ” said Dolge. “It’s just about procedure. It’s not about evidence. “
But Grossman said that the charges should be dropped completely because of lack of evidence.
“These charges shouldn’t have been brought in the first place, ” said Grossman. “Anyone evaluating this case is quite clear that the prosecution can not meet the burden that’s required to bring a case beyond the statute of limitations, given the facts they have. “
Grossman also asked the judge to hold an evidentiary hearing, but the judge regarded the procedure improper at the current stage.
The case will be heard again at Wiley W. Manuel Court in Oakland on Feb.5.
Read an earlier story on the case on ContraCostaTimes.com.
[...] against Sorg, which didn’t specify evidence except for allegations from the victim, was regarded as insufficient by a judge of the Alameda County Superior Court last [...]