Jury Finds Man Accused of Child Sex Abuse Innocent and Framed by Ex Wives

Reasonable Doubt Raised and Father is Free in Lake County, Illinois

A jury in Lake County Circuit Court deliberated for less than two hours late Friday afternoon before finding Raymond "Casey" Kalicki, of Winthrop Harbor, not guilty on all counts of sexually assaulting his 2-year-old daughter, as claimed by second wife. The jury of six men and six women accepted the "framed by ex-wives' defense.

Kalicki's defense attorney, Stephen M. Komie, disputed any injury to his daughter other than caused by normal child self-investigation. Komie charged Kalicki was framed by the ex-wives' club.

Komie claimed, "The two ex-wives got together to get even for Kalicki's interest in other women." Komie played telephone tapes of the second Mrs. Kalicki to the jury demonstrating incredible rage directed at her husband for dating another woman.

Despite prosecution testimony of a two-millimeter tear to the child's hymen, Komie produced the child's treating physician who testified Kalicki's daughter had diaper rash and yeast infections. Komie told the jury that Kalicki had applied the topical ointment to prevent diaper rash as he had been taught by the nurse who delivered his daughter.

Kalicki, 33, had been charged with eight counts of predatory criminal sexual assault. The class X offense carries, upon conviction, a mandatory sentence to prison for six to 30 years. Prosecutors George Pappas and Bolling Haxall had contended that the abuse had occurred after Kalicki and his second wife had separated, and he had custody of the girl on alternate weekends. They noted testimony from a Winthrop Harbor police detective who reported that Kalicki told him that, after bathing the girl each day, he would apply lotion everywhere, including on and in her vagina.

A prosecution doctor affirmed that there was a tear in her hymen, the prosecution argued. Pappas said the charges originated with a daycare provider, who saw the tot tug at her diaper and say "owie."

Questioned further, the girl said the "owie" was on her bottom, and caused by her "daddy and a finger," Pappas said.

Defense attorney Stephen Komie disputed any injury other than that caused by "normal self-inquisitiveness," and the charges were fueled by divorce anger. He said the tear was only two millimeters long, and added the girl also had diaper rash and yeast infections.

Under police questioning, Kalicki stated he had applied the lotion as he had been taught by a nurse. Komie said Kalicki told the police the truth, and they did not believe him. Komie called it a case "of a woman scorned," that escalated after the girl's mother found out that Kalicki was dating another woman before the divorce was finalized.

Kalicki has been denied visitation rights for six years with all his daughters since the original charges were filed in 2000 by the second wife, due to the vindictiveness of his ex-wives, Komie said.

The original charges were dropped, but re-filed after the ex-wives complained they would have to permit visitation with Kalicki, and thus, formed the basis for this trial. Kalicki openly cried when the not guilty verdict was announced and hugged Komie.

If you need help mounting a defense against serious criminal charges, contact the experienced attorneys at Komie and Associates at 312-263-2800. We defend clients throughout the state of Illinois