The state has dropped its sex crimes case against Daniel Joseph O'Brien, an Athena man police arrested in June.
The state had accused O'Brien, 45, of raping his daughter between Oct. 15 and Oct. 30, 2008. She was younger than 16 years old at the time. Athena police arrested O'Brien on June 18 at a Pendleton hotel where he was living after moving out of his home.
Umatilla County District Attorney Dean Gushwa said a grand jury indicted O'Brien, but detectives with the Oregon State Police and Umatilla County Sheriff's Office continued to investigate the case. They found evidence that cleared O'Brien, Gushwa said, particularly in conflicting witness statements prosecutors didn't have at the time of the grand jury.
"Thank God we didn't prosecute a guy who didn't have it coming," he said.
Gushwa explained he has an ethical duty to only bring cases a jury could deliver a guilty verdict on. He said his office is very careful in bringing charges of this nature, and this was one of the few times he has seen this kind of situation.
The East Oregonian couldn't reach O'Brien, who had worked at Albertson's and Wendy's in Pendleton. One of his attorneys, James McIntyre of Portland, however, discussed the case.
"Dan is innocent," McIntyre said.
He also praised the district attorney's office for dismissing the case.
McIntyre said there were plenty of people who vouched for O'Brien and the defense investigation presented evidence, including results of a polygraph that O'Brien passed, to attest he didn't do it.
Neither Gushwa nor McIntyre would discuss what prompted the case. O'Brien was going though a divorce, and there were reports a male relative had moved into the home before O'Brien moved into the hotel room.
"You can imagine how horrible and devastating this can be for anyone," McIntyre said. "He went through a bunch of hell."
Still, McIntyre said O'Brien was pleased the system worked. The attorney also said O'Brien is living out of Oregon with family.
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