SAN FRANCISCO -- At the request of parents and prosecutors Wednesday, a federal judge dropped the last of 12 original charges of child molestation against a teacher at the Army Presidio day-care center.
A couple who had accused Gary Hambright of molesting their 3-year-old son asked the government to drop the charge rather than force the child to testify. The other 11 charges had been dropped because the indictments were ruled too vague.
U.S. Attorney Joseph Russoniello submitted the request from the parents of the 3-year-old to U.S. District Judge William Schwarzer, who dropped the charge, but the prosecutor said he will seek reinstatement by a federal grand jury of some counts against Hambright.
Russoniello said he asked for dismissal of the last charge because he respects the rights of parents to protect their child from the emotional trauma of a trial.
Asked whether he is confident charges will be re-imposed, Russoniello said, 'I would not say confident. I would say hopeful.
'We are making sure that every avenue is pursued to re-evaluate the evidence. If we are satisfied we will go to court. It may take longer,' Russoniello said.
Hambright, 33, has been free on bail since the charges were filed.
What began as a dozen charges of molestation against the former daycare center teacher involving 10 boys and girls at the Army's child center between September 1985 and Nov. 14, 1986, first was cut to seven and then to one last week by Schwarzer.
One of Hambright's lawyers, Geoffrey Hansen said both sides will be back before Schwarzer Friday to explain where the case stands. Hansen said he will demand that the government disclose what charges it plans to pursue.
Grand jurors were expected to be presented with any new allegations by Feb. 26.
'There is no certainty in this,' Hansen said. 'It is taking a tremendous toll on him (Hambright). It is killing him with this uncertainty.'
Hansen said he would ask the court to delay any trial if the government issues new charges with new victims.
