The target of a civil lawsuit from a Milton-Freewater man acquitted of child rape defended herself Tuesday in federal court.
Gay Davis, Oregon Department of Human Services social worker, testified at trial she believed Randell Kerby raped his adopted daughter even after a Umatilla County jury’s unanimous not guilty verdict in 2011 in circuit court. She ruled Kerby still could not return home until the state human services deemed he was not a threat.
Davis delivered that news to the Kerbys moments after the acquittal. The action led the Kerbys to sue her in federal court for violating their due process rights and for lacking the legal authority to prevent him from going home.
Davis on the stand said Kerby needed to undergo a psycho-sexual evaluation, a standard to assess risk. But he never did, she said, and that raised red flags for the human services department. She also said it was concerning that Cheryl Kerby did not seek the counseling the department requested.
Davis also said Kerby’s daughter told her she revealed the rape because her father was targeting her sibling. Heather Van Meter, attorney for the Oregon Department of Justice, asked Davis if she believed Randell Kerby raped the girl.
“Absolutely,” Davis said. “Why else would his semen be found in the exact spot she said it would?”
The girl never changed her story about the crime no matter who she told, Davis said. Snce the verdict, nothing has changed Davis’ mind about the girl’s truthfulness.
Randell and Chery Kerby were present in the courtroom, along with three of their children.
Judge Michael W. Mosman is presiding over the trial at the John F. Kilkenny United States Courthouse, Pendleton. The parties could present closing arguments Tuesday, and the outcome will rest in the hands of six jurors.