Misconduct charges dropped against ex-councilman
After a monthslong investigation of sexual harassment allegations involving Dominic Caserta, prosecutors on Wednesday announced that no criminal charges will be filed against the disgraced former Santa Clara city councilman whose political career col- lapsed after several women accused him of sexual misconduct.
The decision by the Santa Clara County District Attorney’s Office ends any criminal exposure for Caserta from the election-rocking scandal. But prosecutors made sure to stress that the lack of charges did not diminish the credibility of his accusers.
Ultimately, some of the alle-
gations did not rise to a level warranting criminal charges, and none met the threshold for crimes that could be proven beyond a reasonable doubt.
“After a thorough review and legal analysis of Dominic Caserta’s behavior toward a number of girls and women in recent years, our office has concluded that there is insufficient evidence to file criminal charges,” Assistant District Attorney Terry Harman said in a statement. “However, crime or not, it is unacceptable to treat women with anything less than respect and dignity.”
Caserta has consistently denied the allegations, which came as the #MeToo movement was gaining steam. He continued to defend himself Wednesday in a statement he released through his attorney.
“Mr. Caserta has always maintained his innocence from these accusations,” the statement reads. “He would like to thank the Santa Clara District Attorney’s Office for their investigation and decision on this matter. Dominic now wants to move on with the focus being on the well-being of his family.”
Caserta resigned from the Santa Clara City Council and suspended his campaign for a seat on the county Board of Supervisors after a number of high-profile groups, including the Santa Clara County Democratic Party, the South Bay Labor Council and several unions, pulled their support. Caserta, a civics teacher at Santa Clara High School, remains on paid leave from the Santa Clara Unified School District.
“Our investigation of the allegations against Dominic Caserta is still ongoing and so he continues on paid administrative leave,” district spokeswoman Jennifer Dericco said in a statement. “He is not currently in the classroom.”
The sexual harassment claims first surfaced in May after a district personnel file for Caserta was mistakenly emailed to the entire district staff. The file showed that multiple students had accused Caserta of sexual harassment as early as 2002. One student said Caserta ran his hands through her hair and told her he had an erection.
Lydia Jungkind, a German exchange student who took classes from him at Foothill College and volunteered for his supervisors campaign, also came forward in May and accused him of making inappropriate comments and gestures during the campaign, including giving her an unwanted massage. Another campaign staffer, Ian Crueldad, accused Caserta of walking around his campaign headquarters — based at his home — in just a towel. Both accounts were first reported by San Jose Inside.
Reached Wednesday, Jungkind declined to comment.
Jungkind’s story prompted other former students to emerge and accuse Caserta of similar abuse. Over the course of several weeks, the police received at least 15 complaints against him.
Santa Clara University law professor Ruth Silver Taube, who attended the council meeting where several former students spoke out against Caserta, worried the decision could deter victims from reporting wrongdoing in the future.
“Although they may have had their reasons,” she said, “it is demoralizing for the women who have come forward at great cost to themselves.”
Also lamenting the news was Santa Clara Mayor Lisa Gillmor, who previously had led the charge for Caserta to resign.
“It may not be provable as a crime but it’s still deplorable to our community,” Gillmor wrote in a tweet Wednesday. “I want to tell the young people that were courageous enough to speak out that They Did the Right Thing!!”