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Tuesday, December 9, 2008

Tuesday, December 9, 2008

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Published by Ric Manning

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Published by: Ric Manning on Mar 15, 2010
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11/07/2013

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Tuesday, December 9, 2008
Charges rejected in Gotlib case
Stengel cites suspect's deathBy Andrew Wolfson and Jessie HalladayThe Courier-JournalJefferson County Commonwealth's Attorney Dae Stengel said he agrees with the !ouisille "etro #olice finding that $reg %a&ley Jr a(ducted and &illed )*-year-old Ann $otli( *+ years agoBut Stengel said yesterday that he has reluctantly re,ected a reuest from Ann's parents to indict %a&ley posthumously. (ecause the suspect would (e una(le to defend himself on the charges/0egardless of the heinousness of the offense or the reulsion we hold for him or his crime. %a&ley could not do this 1defend himself2 (ecause he is dead./ Stengel said in a statementCiting new eidence. police announced late last wee& that they (eliee %a&ley. a  preiously conicted child molester who died in *33*. &illed Ann 4esterday. police said they stand (y that finding. despite a letter %a&ley wrote to The Courier-Journal (efore his death. emphatically denying any role in the crime5n the 6e( *7. *33). letter. %a&ley. who was then sering 83 years for attempted rape of another child. wrote9 /
I HA! "!!# $!!" A"" G%T&I' I" () &I*!+
/ He added that he had /no reason to lie a(out this matter (ecause 5 am dealing with terminal lung cancer which has already metastasi:ed/%a&ley was initially considered a suspect in Ann's disappearance in );<8. in part (ecause he lied a (loc& north of her family's apartment near Bashford "anor "all But police could neer amass enough eidence to charge himHe died in %cto(er *33*. three months after he was released from prison on a medical  parole Sgt Denny Butler. a !ouisille homicide detectie currently wor&ing the case. said yesterday that he finds %a&ley's letter unconincing/5 hae no dou(t that he did it./ Butler saidStengel said in his statement that he (eliees the eidence is strong enough to indict and conict %a&ley /(eyond a reasona(le dou(t/
 
But he said that een if a grand ,ury found pro(a(le cause that %a&ley committed the crime and indicted him. the presiding ,udge would immediately dismiss the indictment  (ecause the defendant is deceasedStengel said that while his office has prohi(ited posthumous indictments for )* years. he and his first assistant. Harry 0othger(er. considered ma&ing an e=ception /in sympathy for the *+ years of pain and uncertainty which hae plagued the $otli(s/But he said they decided oer the wee&end that they could not do so/The first duty of the commonwealth's attorney. in fact any prosecutor. is to do ,ustice./ Stengel said in the statement /5t is a right of any defendant in the commonwealth of >entuc&y to  (e heard (y the people who would formally accuse him/Ann's father. Anatoly $otli(. said in a (rief phone interiew yesterday that the family suspected %a&ley from the (eginning. (ut een with the recent reelations. there are still dou(ts/?en now. we are not )33 percent sure./ $otli( said%a&ley moed to !ouisille in );<* from Ala(ama. where he had (een a eterinarian until losing his license after his coniction for assaulting two girls. ages )* and )@. and in,ecting them with powerful narcotics %ne of the girls nearly diednaware of his record. the S Department of Agriculture office in !ouisille hired him to inspect meat and poultry. which police later would say gae him access to slaughterhouses where a (ody could (e (uriedBan& records showed that a couple of hours (efore Ann disappeared. %a&ley was at a !i(erty ational Ban& (ranch at the mall. where Ann was last seen and her (icycle was discoeredA polygraph e=aminer concluded at the time that %a&ley was lying when he denied responsi(ility for Ann's disappearance. (ut he claimed to hae left town after stopping at the (an& that day. and police could neer tie him to the crime!ast wee&. howeer. police disclosed that after a June memorial serice mar&ing the *+th anniersary of Ann's disappearance. a former girlfriend of %a&ley's came forward and said %a&ley had come to her house a(out )) pm the day Ann anished and as&ed her to wash some of his clothes#olice say that helped esta(lish that %a&ley had (een in !ouisille when Ann disappeared

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