LANSING, MI. (WILX) - Meridian Township Police released the report from their 2004 investigation of Brianne Randall-Gay's sex-assault complaint against Doctor Larry Nassar.
They decided not to send it to the prosecutor based on Nassar's claim that it was a legitimate medical procedure. The police admit they were deceived. The police made the decision based on Nassar's words and a power-point presentation he gave them.
Think about how much pain and suffering could have been avoided if Larry Nassar had been charged and convicted in 2004?
News ten's Marcus Dash asked a legal expert if anybody could be in trouble for this.
Randall-Gay's complaint fourteen years ago was very similar to the stories we heard from Nassar survivors over the last few weeks.
Nassar sexually assaulted her under the guise of a medical treatment.
So why didn't the Meridian Township detective file any charges against Larry Nassar?
Former defense attorney Ron Bretz tells me they were blinded by science.
"The detective took one look at this supposedly scientific material and said there's no case here and he made his decision not to move forward," said Bretz.
According to the report shortly after Randall-Gay reported that she was violated by Nassar.
The Meridian Township Police interviewed Doctor Larry Nassar about the incident and that is when he showed them a PowerPoint presentation explaining this "treatment." Bretz says believing him was his biggest mistake.
"This detective- they come in to him and he's going well this is a weird story, but then this doctor comes in, and he explains. It all it makes perfect sense, we trust doctors. Thats what i think, so what is the detective guilty of? Being naive," said Bretz.
Bretz believes a big factor in not going after Nassar was that he never penetrated Randall-Gay.
That would mean the only thing they could charge him for is fourth degree criminal sexual conduct.
If it is done by a medical professional the prosecutor would have to prove what he did was unacceptable in the medical field.
"This is going to be a difficult case to prove here, we got a doctor performing. He's convinced us looks like legitimate therapy and again this 2004, and even if we go after him the most we can get him for is a misdemeanor, so we got nothing," said Bretz.
Bretz doesn't think it would be a good idea for Randall-Gay to sue the Meridian Township Police Department.
He says the burden of proof would be too tough to prove.
"Government is vested with what is called governmental immunity and in order to overcome governmental immunity you have to show that the governments actions were reckless or intentional," said Bretz.
As far as the police department goes, Bretz says they need to own this and say they were manipulated by Nassar as many others were, and in hindsight they wouldn't have closed the investigation, and just be done with it.
Meridian Township is holding a news conference at 12:30 tomorrow, and Brianne Randall-Gay will be participating, via skype, from her hometown of Seattle. Township manager Frank Walsh said today Randall-Gay will get what she deserves, a full public apology.