Judge Won’t Drop Sexual Assault Charges

A judge refused Wednesday to dismiss sexual assault charges against an Oxnard man whose first trial resulted in a hung jury after the alleged victim recanted her story.

Superior Court Judge Lawrence Storch said he believes a new jury will be able to reach a unanimous verdict in the case against Dale Chester, especially since 10 members of the last panel voted to convict the 22-year-old man.

“The vote was close, and I believe the (prosecution) ought to have another opportunity to present its case,” Storch said.

The judge scheduled a second trial for Chester on Nov. 22. He also denied a defense request to reduce Chester’s $50,000 bail pending trial.

A jury last week acquitted Chester on a charge of attempted sodomy but failed to reach decisions on three other sexual assault counts. The vote on two of the deadlocked counts was 10 to 2 in favor of conviction, and on the third count the jury split 8 to 4 for guilty.

Chester is charged with sexually assaulting a 20-year-old woman about 3:30 a.m. July 3 in a Camarillo park. The woman, an acquaintance of the defendant, testified that the assault did not really occur and that she and Chester had engaged in consensual sex.

The prosecution contends the woman is recanting her story because she was threatened by the Chester family.

Deputy Public Defender Robert K. Willey asked Storch to dismiss the charges against Chester rather than set the case for a second trial. Willey argued that the prosecution has no new evidence to present at the second trial, and he said he believes the next jury will be unable to reach a verdict.

“I think it’s going to be the case forever,” Willey said.