District Attorney candidate Mark Peterson sent over this response a few minutes ago to opponent Dan O’Malley’s letter of yesterday:
Mr. O’Malley needs to get his facts straight. His claim – that I was somehow responsible for an alleged sexual assault that occurred between two coworkers – is shamefully false, and he knows it. The facts are as follows:
An alleged sexual assault took place between two deputy district attorneys in May of 2008, during the lunch hour, in one of their homes. My opponent Mr. O’Malley, and his supporters in the office, were informed of the alleged assault within just a few days of its alleged occurrence. At no time did Dan O’Malley or the administration inform me, as head of the Sexual Assault Unit, that one of my subordinates allegedly had raped another deputy district attorney.
Mr. O’Malley also claims that I’m responsible for the alleged sexual assault because of what he asserts was inappropriate sexual talk, in the District Attorney’s Office, which allegedly took place during the lunch hour. First, it’s patently obvious that I cannot control people’s lunch hour discussions. Second, during the entire two years that I led the Sexual Assault Unit, not one person complained about inappropriate sexual discussions. No member of the public complained, nor did any support staff, attorney, police officer, or investigator ever complain. Nobody. The Chief of Investigators worked in that same unit during the entire time I led it, and he never lodged any complaint about inappropriate speech. Nor did he ever receive one. Further, the suggestion that sexual banter, even if it did occur, is the cause of a violent rape, is patently absurd. It’s simply an example of how desperate my opponent’s claims have become.
Dan O’Malley, and the failed administration that seeks to turn the keys to the office over to him, hid this alleged crime from me, from the Martinez Police Department, from the public, and from all of the women working in the District Attorney’s Office, for over four months, until September, 2008. I first learned about this alleged rape when the rest of the public did, in late September, 2008, when the alleged assailant was arrested.
Mr. O’Malley is now trying to exploit this incident for political gain; he makes the outrageous claim that I’m somehow responsible for the alleged sexual assault, by virtue of the fact the alleged assailant worked in my unit. He fails to mention that the encounter between the two individuals occurred during the lunch hour, and in a private home. My supervisoral responsibilities hardly included following each and every one of my employees, into their homes, during their lunch hour.
Finally, Mr. O’Malley claims that I was demoted because of this alleged sexual assault. The facts, however, are different: The accused assailant was a political opponent of the District Attorney. After his arrest, an in-house investigation was begun. I suggested to my superiors that an outside agency should investigate the alleged crime, independently, rather than have District Attorney employees do it. This was necessary, as a matter of prosecutorial ethics, in order to avoid the appearance of bias. After I spoke up and challenged this unethical behavior, I was transferred out of the Sexual Assault Unit.
Mr. O’Malley’s disgraceful suggestion – that somehow I’m responsible for an alleged sexual assault – is shocking. The real irony is that he knew more about the sexual assault than I ever did. Nobody – not him, not his buddies within the office who knew about it, nobody in the District Attorney’s office – ever reported the alleged assault to me. But as I said, Mr. O’Malley and his cronies knew about the accusation. They knew about it for 4 long months. During that time, they never called the police. Dan O’Malley and his friends never told the women working in the office that they were possibly working alongside a violent rapist.
Since then, Mr. O’Malley has been seriously inconsistent about when he first became aware of the assault. He was asked to turn over his telephone records to substantiate his claims. He refused. Mr. O’Malley has resisted all efforts to turn over his telephone records, which would shed light upon his involvement. The man who wants to become our county’s chief law enforcement officer refuses to turn over his own telephone records in a rape investigation. Shocking.
When this campaign began, Mr. O’Malley informed me, and others, that he did not agree with the decision to transfer me out of the Sexual Assault Unit because of this incident. Now that he lags seriously behind in the polls, he’s managed to convince himself that the entire event is my fault. Mr. O’Malley also said to me, and to others, that he would never use the alleged sexual assault as a political weapon in this campaign. But, following his serious setback in the June primary, Mr. O’Malley actually commissioned a political poll, in order to see how he can exploit this incident for his own political advantage.
Sadly, it doesn’t end there. In the wake of this incident, and in the ensuing investigation, Mr. O’Malley and his colleagues at his criminal defense firm offered false, fabricated testimony, from a prostitute, against the accused political opponent. In exchange for that false testimony, and while Mr. O’Malley served as attorney of record, they engineered the release of a six-time felon / convicted child molester. After his release, this child molester took part in the attempted home invasion robbery of an innocent family. More than 30 shots were fired. All of these facts are fully documented, at www.thefactsaboutdan.com.
Thank you for the opportunity to set the record straight.
Candidate for District Attorney