Craig Daley, a 44-year-old sergeant at the Dukes County Sheriff’s Office, was escorted into the Edgartown District Court on Thursday morning for a dangerousness hearing based on charges of domestic assault and battery, and rape.
Despite finding Daley to be dangerous, Judge Paul Pino ruled that Daley could be released under strict conditions.
According to court documents, Daley’s charges originated from an incident in September. Prosecutors alleged that the victim accused Daley of dragging her to a beach with a firearm and telling her he was “capable of more.” Daley was also accused of coercing and forcing sexual intercourse upon the victim, allegedly occurring Aug. 1. Both allegations were not reported by the victim until Daley’s arrest on Sunday.
The victim was identified as a Jamaican national. Prosecutors said she expressed fear for her safety both on Martha’s Vineyard and upon returning to her home country because she claimed Daley’s brother was her neighbor in Jamaica.
During the hearing, defense attorney Robb Moriarty argued the case lacked evidence.
“I’ve never seen anything like this before,” he said before the judge on Thursday.
Moriarty noted that at the scene of Sunday’s arrest, it was determined the victim had thrown eggnog on Daley, prompting him to call the police. Moriarty explained at the court house at Thursday’s hearing that in response to potentially being arrested, the victim began listing prior allegations of Daley’s past misconduct against her. Daley was instead arrested.
“This isn’t evidence; this is a story made up by a victim to avoid arrest, and it worked. The police changed their minds based on that,” said Moriarty at Thursday’s hearing.
Moriarty shared with the court that texts between the victim and Daley confirmed she had been living with Daley, and was in a sexual relationship with him.
The prosecution sought to hold Daley in custody for a 120-day period without bail. However, Judge Pino decided he could be released under several conditions, including that he wear a GPS ankle monitor, to stay away from and to have no contact with the alleged victim, to be prohibited from purchasing or carrying firearms, to abide by the restraining order, and to follow a 3 pm curfew.
The victim did not attend Thursday’s hearing.
According to Moriarty, the victim’s earlier statements in the police report Sunday were submitted as evidence under Massachusetts General Law Chapter 276, Section 58A, which states that in a dangerousness hearing, “the judge shall consider hearsay contained in a police report or the statement of an alleged victim or witness.”
“Given the circumstances that his [Daley’s] complaint came about, they were factually highly suspect, and the fact they proceeded and never recorded her testimony under oath, so I could cross-examine her, I think is critical,” said Moriarty.
Daley has been placed on administrative leave from his position at the Dukes County Sheriff’s Office pending resolution of the case.
