CLEARLAKE — Rape charges alleged against 82-year-old Clearlake man Eugene Robert Schwartz were dismissed in Lake County Superior Court Department 4 before Honorable Judge Stephen Hedstrom on Thursday. Charges were dismissed at the request of prosecuting Deputy District Attorney Edward Borg.
Schwartz”s family said they were convinced of his innocence. “We are greatly relieved to have this come to an end at the preliminary hearing and to be spared a lengthy jury trial,” Schwartz”s son Stephen Schwartz said.
Charges were brought against Schwartz following the investigation of a complaint turned into the Clearlake Police Department. The complaint, made by a mandated reporter, alleged crimes of rape where a person is incapable because of a mental disorder or developmental or physical disability or giving legal consent and this known or reasonably should be known to the person committing the act. Schwartz faced an additional charge wherein the act was accomplished against a person”s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury.
“The alleged victim is a developmentally disabled adult and was really not able to coherently describe any criminal conduct,” Defense Attorney Mitchell Hauptman said. “We obviously would have preferred a clearer resolution because Mr. Schwartz has always maintained his innocence here. He”s offered to take a lie detector test and provide any physical evidence that might have been requested of him such as DNA or other samples. We do appreciate the integrity shown by the District Attorney in dropping this case.”
Stephen Schwartz commended the representation provided by Hauptman stating that the attorney did a masterful job bringing light to the truth.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call directly at 994-6444, ext. 11.
