INDIANAPOLIS (WTHR) — A special prosecutor has announced he will not prosecute Attorney General Curtis Hill after accusations of groping four women at the end of this year's legislative session.
A state lawmaker and three legislative staffers claim that in March, the attorney general sexually harassed and groped them at a private party in a downtown bar.
Although the suspected behavior and comments may be disturbing, rude, and inappropriate, "Did a crime occur and could it be proven?" Special Prosecutor Dan Sigler told reporters. "I decided there is no crime that could be proven."
Sigler said while the accusations were credible, he could not reach a burden of proof. Sigler said there was "insufficient evidence of Hill's intent to touch the victims in a rude, insolent or angry manner to constitute a battery, and a lack of evidence of force with respect to the statutory requirements of sexual battery."
Sigler said he could not see the benefit to the people of Indiana in moving forward with prosecution since his findings did not show elements needed to support a battery or sexual battery conviction. Additionally, he said his job is not to determine whether Hill acted inappropriately, but if criminal acts took place.
"I did take their statements from the perspective that I believe them," Sigler said. "I did find them credible."
Sigler did not personally speak to Hill, but did receive a video statement from the attorney general.
"There was no denial that there was touching. There was no denial." Sigler said "There is disagreement as to the extent of it."
He also said clarified he did not take any witness statements under oath, as that is not his responsibility.
To read Sigler's full report, click here or scroll below.
Special Prosecutor Report_curtis Hill Investigation by WTHR on Scribd
Inspector General Lori Torres' office has been investigating those claims, which were brought to the attention of members of the state legislature in May. After Sigler's announcement, she released this statement:
"While the findings of our investigation did reveal unacceptable behavior by a state officeholder, and which significantly impacted those affected, we respect the grounds on which Special Prosecutor Sigler made his decision."
A statement released by an attorney representing Hill reads in part: "The Special Prosecutor's investigation exonerates and absolves Mr. Curtis Hill of any factual and legal criminal behavior." It goes on to say: "Mr. Hill will continue to serve the people of Indiana in the capacity for which he was elected as the Indiana Attorney General."
In the past, Governor Eric Holcomb has called for the attorney general to resign. The governor stood by that in a statement released today: “I said I believed the women who stepped forward to report sexual harassment by the Indiana Attorney General. The special prosecutor agreed and said, ‘I have accepted the victim statements as true.’ The findings show a disregard of the executive branch zero tolerance harassment policy. My position has not changed.”
This began after alleged incidents at a bar back in March. A female state representative reported that Hill "put his hands on her back, slid them down to her buttocks, put them under her clothes and 'grabbed a handful of ass.'" This reportedly happened twice. The same representative said she also witnessed AG Hill act inappropriately toward House and Senate employees stating he told a group of staffers waiting on drinks that they needed to "show a little skin" to get their drinks faster.
In a separate instance another employee said Hill asked if she knew who he was as he ran his hand up and down her back for approximately two minutes.
In a third instance, the attorney general allegedly put his hand around a legislative employee's waist and "hugged" her into him.
Legislative leaders said they immediately interviewed the employees and got outside counsel involved. Their investigation now over, the legislators say they have addressed the matter with Hill "to the satisfaction of the employees involved.
In addition to Holcomb, several other top Indiana lawmakers have called on Hill to resign over the allegations of inappropriate conduct.
Hill has been defiant, saying in a past statement that "The lack of due process regarding this prejudicial investigation is deeply troubling," and he goes on to say "let me be clear, I am not resigning my position as Attorney General."
You can see more of his response from July here.
Accusers to pursue legal action
After Sigler's conference, a lawyer for Hill's accusers announced they would pursue civil litigation against the attorney general.
"This morning, I decided, 'Enough.'," accuser Samantha Lozano said in front of news cameras.
Until Tuesday, Lozano has never been identified or spoken publicly.
"I decided to day this doesn't end. Today we are taking a step forward and make sure this doesn't happen again. And these behaviors are not permitted in the workplace," she explained.
All four women are encouraged that the special prosecutor believe their claims.
State Rep. Mara Candelaria-Reardon is one of Hill's accusers.
"This is unacceptable behavior and whether it rises to the level of criminal or not, that's not the issue here," she said.
Gabrielle McLemore, a legislative staffer, was among the first to come forward.
"Further actions cannot be tolerated, cannot continue without consequences being given," she insisted.
The four have attorneys and Tuesday they took the first legal step toward suing the state, the attorney general's office and Curtis Hill himself for sexual harassment, assault and employment retaliation.
They are getting messages and encouragement from other women. Nikki DaSilva has heard from complete strangers who have been victims of similar circumstances.
"Thank you for telling the story, because I didn't have the courage to do that when I was your age," she said.