Prosecutor accused of rape is ordered reinstated CONTRA COSTA COUNTY

2008 FILE PHOTO--Michael Gressett, the sex crimes prosecutor who has been accused of rape by a colleague, awaits the start of a hearing in Martinez, Calif. on Friday, November 21, 2008. Gressett pleaded not guilty during the hearing and pledged to fight the charges. (Kristopher Skinner/Contra Costa Times Ran on: 07-27-2009 Photo caption Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here.<137,1970-12-18-17-21-52,><252>###Photo: rape27_PH1_mug<252>1227139200<252>Bay Area News Group<252>###Live Caption:2008 FILE PHOTO--Michael Gressett, the sex crimes prosecutor who has been accused of rape by a colleague, awaits the start of a hearing in Martinez, Calif. on Friday, November 21, 2008. Gressett pleaded not guilty during the hearing and pledged to fight the charges. _(Kristopher Skinner-Contra Costa Times###Caption History:2008 FILE PHOTO--Michael Gressett, the sex crimes prosecutor who has been accused of rape by a colleague, awaits the start of a hearing in Martinez, Calif. on Friday, November 21, 2008. Gressett pleaded not guilty during the hearing and pledged to fight the charges. _(Kristopher Skinner-Contra Costa Times###Notes:2008:11:21 09:37:27~~NIKON CORPORATION~~NIKON D2Hs~~0-0~~0.0000~~Unknown~~Flash did not fire~~200.0000~~0.00 MICHAEL GRESSETT-METRO###Special Instructions:NO SALES- NO MAGS- NO TV-NO ARCHIVE- SF BAY AREA CREDIT CONTRA COSTA TIMES<137><252> Ran on: 07-27-2009 Photo caption Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes here. Dummy text goes... less 2008 FILE PHOTO--Michael Gressett, the sex crimes prosecutor who has been accused of rape by a colleague, awaits the start of a hearing in Martinez, Calif. on Friday, November 21, 2008. Gressett pleaded not ... more Photo: Kristopher Skinner, Contra Costa Times Photo: Kristopher Skinner, Contra Costa Times Image 1 of / 1 Caption Close Prosecutor accused of rape is ordered reinstated 1 / 1 Back to Gallery

A Contra Costa County sex crimes prosecutor was wrongly fired for political reasons after another prosecutor accused him of raping her, an arbitrator has ruled.

In a scathing ruling released Tuesday, arbitrator Norman Brand ordered Michael Gressett reinstated, with back pay, saying the woman's account of the alleged 2008 attack was not supported by evidence.

Gressett, 54, is being prosecuted by the state attorney general's office on 13 counts including rape and sodomy. That office said it had no comment on the arbitrator's decision.

"This is a pretty good bellwether that this whole case should go away," said Gressett's criminal attorney, Michael Kotin.

Brand said Gressett's accuser had failed to show up to testify at the 10-day arbitration hearing last year.

Brand also said that Gressett's bosses appeared to have retaliated against him because he ran unsuccessfully three times for district attorney and supported an underdog candidate, current District Attorney Mark Peterson, in last year's election campaign.

Former District Attorney Robert Kochly and his top deputies - including Paul Sequeira, who led the Gressett probe - supported a former prosecutor and judge, Dan O'Malley. Peterson defeated O'Malley in November.

Kochly, who fired Gressett in July 2009, declined to comment Tuesday. Peterson did not return calls seeking comment.

Gressett's accuser told police he raped her at his Martinez home while the two were on a lunch break on May 8, 2008. She was 30 at the time.

The woman said she had wanted to sleep with Gressett, but objected to the type of sex he initiated. He pressed on, she said, sodomizing her, holding a gun to her head, handcuffing her and jamming ice into her.

Gressett said the sex was kinky but mutual - that a gun, cuffs and ice were brought out but only in a playful way.

Brand said the woman's statements didn't add up. For instance, she told Martinez police that she "could hardly walk" after the alleged rape. But a co-worker said he had gone to a farmers' market with her minutes later and had noticed nothing unusual.

Brand said the woman had a "strong motivation to lie" because she was a contract worker. Kochly, the arbitrator said, feared the woman might take legal action if she weren't hired.

Ultimately she did, saying she was not hired because she had accused Gressett of rape. The county settled with her last year for $450,000.

The arbitrator said the county had not proved any of six administrative charges used to support Gressett's firing.

They included that Gressett had paid for sex with a prostitute caught in a police sting five years ago - a case assigned to him. During the arbitration hearing, the prostitute admitted she had made up the story after learning the district attorney's office was investigating Gressett, Brand said.

According to Brand, the prostitute - who was represented by O'Malley's private law practice - made a "trade" with Kochly's office. She would tell her story if prosecutors released her boyfriend, Roy Gordon, who had been charged with a sledgehammer assault in Pittsburg.

Soon after he was released by a judge, Brand said, Gordon was arrested again for allegedly participating in a violent home-invasion robbery.