ER - Chief wants concerns surrounding dropped rape charge to be kept private

Chief wants concerns surrounding dropped rape charge to be kept private
by Heather Muller , 8/29/2007

Concerns about a plea deal that resulted in a 19-day sentence for a man originally charged with rape will not be discussed publicly, said Arcata Police Chief Randy Mendosa.

“I do have some concerns about the process, which I’m going to be communicating to (Humboldt County District Attorney Paul) Gallegos, but it’s not appropriate to make those communications through the media,” Mendosa said Wednesday.

The chief’s concerns stemmed from the case of Clinton Lee Harris III, who was arrested by the Arcata Police Department April 18 and mistakenly released from the Humboldt County jail Aug. 3, while awaiting trial on charges of rape and burglary.

Harris was rearrested several days later but was let out again, this time intentionally, on Aug. 20 after the two felony charges were reduced to a single misdemeanor.

According to a news release issued in April by the APD, Harris was suspected of breaking into his ex-girlfriend’s apartment while she was asleep and raping her.

Deputy District Attorney Ben McLaughlin handled the case and said after the plea deal was announced that the case against Harris suffered from “problems of proof.”

“The victim and the defendant had a pre-existing romantic relationship and continued their relationship after their separation; there was not a (sexual assault) examination until 10 days post-event; and the victim’s roommate, who was home at the time of the alleged event, did not hear anything out of the ordinary,” McLaughlin had said.

Mendosa declined to specify his particular concerns with the deal, in large part, he said, because the case involved an alleged sexual assault.

“I don’t want my comments to make the process more difficult for rape survivors,” he said, “but I’ll be discussing the matter further with Mr. Gallegos.”

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