The Bryan County District Attorney’s Office dropped a charged against a man who had been accused of sexually assaulting a child.
Cody Dean Green, 35, Calera, was charged in February 2013 with child sexual abuse and the charge was recently dismissed.
“While the charge was strong enough to surpass probable-cause standard and the defendant went to prison on an application to revoke his probation in a prior case, the child in this case is very inarticulate and there was very little corroboration to her statements,” District Attorney Emily Redman said. “Based on that, we did not feel like we would be successful in meeting the ‘beyond a reasonable doubt’ burden at trial and wanted to prevent this child from further trauma.”
Green was charged after Calera Police received information that a child had been sexually assaulted. According to an affidavit, Green, when questioned, denied that he had done anything inappropriate with the child.
In a separate case earlier this year, a jury acquitted Green of lewd molestation. That charge was filed in March 2013 after Calera Police investigated allegations that he had fondled a child.
Green was ordered sent back to prison on a prior conviction for possession of methamphetamine with intent to distribute due to his probation being revoked because of the n0w-dismissed charge and not-guilty verdict. Last week, his attorney, Warren Gotcher, filed papers seeking his release.
According to court papers, Green was in jail approximately five months before he was transported to the Oklahoma Department of Corrections.
Papers filed by Gotcher state, “The revocation (of the suspended sentence) was based upon hearsay evidence entirely as shown by the transcript. It would be in the best interests of the public and the public’s interests would not be jeopardized by a modification of the revocation to time served and immediate release from incarceration.”