The adult son of an Omaha police detective recanted statements to investigators that his father told him to deny that the son had sexually assaulted his sister when both were children, the detective's attorney said.
As a result, a special prosecutor this week dropped three felony charges that had been filed against the detective in Washington County, where he lives.
The prosecutor, Daniel Smith, who is the Burt County attorney, also dropped the same charges that were filed against the detective's wife, an Omaha Public Schools educator. l
“I made the determination that I could not prove the charges beyond a reasonable doubt,” Smith said.
The case stemmed from an allegation by the couple's daughter that her brother had sexually molested her. The allegation was forwarded to the Nebraska State Patrol by the Department of Health and Human Services.
No charges were filed against the brother.
The daughter told her father during summer 2008, when she was a preteen, that she had been improperly touched by her brother, the State Patrol alleged. The detective allegedly urged both children to minimize what happened, the patrol said.
The World-Herald generally does not identify people who allege that they were sexually assaulted, or provide information that would allow readers to determine who the person is.
In an interview with the State Patrol, the detective denied telling his son what to say and not to say.
His lawyer, Clarence Mock, said his client had not interfered with the investigation and had encouraged his children to tell the truth.
Washington County Attorney Shurie Graeve filed the charges against both parents. She then recused herself, and Judge C. Matthew Samuelson appointed Smith to handle the case.
The detective is on administrative leave, and an Omaha police internal affairs investigation has not concluded, police spokesman Officer James Shade said Friday.
Shade declined to answer other questions, including what unit the detective was most recently assigned to. The detective has testified recently in felony assault cases.
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