Boy Freed In Colo. Incest Case
An international conflict between Colorado and Switzerland is over as a Swiss-American boy accused of molesting his sister was freed by a judge who said the 11-year-old's right to a speedy trial was violated, reports Correspondent Rick Sallinger of KCNC-TV.
Raoul Wuthrich is on his way back to Switzerland Thursday to join his parents, who left the United States with the alleged victim and their two other children after the boy's Aug. 30 arrest in the Denver suburb of Evergreen.
"Raoul is thrilled," lawyer Darby Moses said. He wrote a "lovely letter" to his parents during proceedings, but, "It needn't be sent, I told him, because he can hand deliver it now," she said.
Prosecutors said they doubt new charges will be filed.
The case created an uproar in Europe. Swiss and German media championed the boy's cause, saying authorities overreacted by arresting him at night, holding him for six weeks in a juvenile detention center and shackling him in at least one court appearance.
Geneva's Tribune de Geneve headlined the judge's decision with "Charges against Raoul are thrown out and he can return to Switzerland."
Zurich's mass-circulation Blick newspaper has raised about $60,600 for its "Help for Raoul" fund.
In Bern, Switzerland, Swiss Foreign Minister Joseph Deiss welcomed the boy's release, thanking the U.S. charge d'affaires in Bern for his "excellent cooperation" in the case. Noting that Switzerland's concern had been that the boy be treated fairly, he said that Switzerland respected U.S. judicial independence in the case.
Raoul was charged with aggravated incest and sexual assault on a child, and could have faced up to two years in juvenile detention if convicted. He pleaded innocent on Monday.
A neighbor in the area said she saw Raoul sexually touching his five-year-old sister in their yard.
According to court documents, the girl had also told case workers of other incidents in which the boy molested her. The boy and his parents have denied the charges, saying he had pulled down his sister's underwear to help her urinate.
Raoul's mother, Beverly Wuthrich, interviewed Wednesday on CNBC's Rivera Live show, said she planned to put her son into "a therapeutic school" immediately.
"Obviously, he's gone through somewhat of a trauma," said Wuthrich, without elaborating. Asked if Raoul would be allowed near his sister, Wuthrich said the family would act as it always has.
Lawyers for Raoul and his parents filed a motion Monday asking Jefferson County District Judge James Zimmerman to dismiss the case. They contended his trial should have started within 60 days of Sept. 8, when Raoul was denied bail.
Prosecutors contended the 60 days began with Monday's arraignment.
Attorney Vincent Todd said that no conditions were set for the boy's release and that it would be up to Swiss authorities to decide whether he needs any treatment.
Todd said he expected to sue Jefferson County authorities, claiming that he should not have been arrested at night without a warrant, but Wuthrich said she had not decided whether or not to sue. An affidavit for warrantless arrest was issued.
Prosecutor Sergei Thomas said the judge's decision was technical and didn't comment on the merits of the case. He said prosecutors remained concerned about the safety of the boy's sister.
"The perpetration issues, as well as possible fire-setting behavior, cruelty to animals, that sort of thing that continues to be a concernÂ…that needs to be addressed if they are found to be true," Thomas said.