Sexual assault case could be reinstated

Advertiser Staff

The Hawai'i Intermediate Court of Appeals paved the way yesterday for city prosecutors to reinstate a criminal case against a former police officer accused of sexually assaulting a North Shore woman in September 2000.

In 2002, former Circuit Judge Wilfred Watanabe permanently dismissed the second-degree and fourth-degree sexual assault charges against Jerry A. Gallardo, who was a police officer when he was accused of sexually assaulting the 46-year-old woman.

Watanabe found that the prosecutors should have turned over to the defense earlier than the day of the scheduled trial a tape recording that the woman secretly made of Gallardo six days after the alleged sexual assault. The judge also found that someone had tampered with the tape.

The appeals court said the judge did not consider less severe measures to correct the problem, such as excluding the tape from the trial or dismissing the case.

The appeals court sent the case back to the trial court.

City prosecutors could not be reached for comment yesterday.