8/14/2019 Tuesday, December 9, 2008

1/3

Tuesday, December 9, 2008

Charges rejected in Gotlib case

Stengel cites suspect's death

By Andrew Wolfson and Jessie Halladay

The Courier-Journal

Jefferson County Commonwealth's Attorney Dae Stengel said he agrees with the

!ouisille "etro #olice finding that $reg %a&ley Jr a(ducted and &illed )*-year-old Ann$otli( *+ years ago

But Stengel said yesterday that he has reluctantly re,ected a reuest from Ann's parents to

indict %a&ley posthumously. (ecause the suspect would (e una(le to defend himself on

the charges

/0egardless of the heinousness of the offense or the reulsion we hold for him or his

crime. %a&ley could not do this 1defend himself2 (ecause he is dead./ Stengel said in a

statement

Citing new eidence. police announced late last wee& that they (eliee %a&ley. apreiously conicted child molester who died in *33*. &illed Ann

4esterday. police said they stand (y that finding. despite a letter %a&ley wrote to The

Courier-Journal (efore his death. emphatically denying any role in the crime

5n the 6e( *7. *33). letter. %a&ley. who was then sering 83 years for attempted rape ofanother child. wrote9 /I HA! "!!# $!!" A"" G%T&I' I" () &I*!+/ He

added that he had /no reason to lie a(out this matter (ecause 5 am dealing with terminal

lung cancer which has already metastasi:ed/

%a&ley was initially considered a suspect in Ann's disappearance in );

8/14/2019 Tuesday, December 9, 2008

2/3

But he said that een if a grand ,ury found pro(a(le cause that %a&ley committed the

crime and indicted him. the presiding ,udge would immediately dismiss the indictment

(ecause the defendant is deceased

Stengel said that while his office has prohi(ited posthumous indictments for )* years. he

and his first assistant. Harry 0othger(er. considered ma&ing an e=ception /in sympathyfor the *+ years of pain and uncertainty which hae plagued the $otli(s/

But he said they decided oer the wee&end that they could not do so

/The first duty of the commonwealth's attorney. in fact any prosecutor. is to do ,ustice./Stengel said in the statement /5t is a right of any defendant in the commonwealth of

>entuc&y to (e heard (y the people who would formally accuse him/

Ann's father. Anatoly $otli(. said in a (rief phone interiew yesterday that the family

suspected %a&ley from the (eginning. (ut een with the recent reelations. there are still

dou(ts

/?en now. we are not )33 percent sure./ $otli( said

%a&ley moed to !ouisille in );

8/14/2019 Tuesday, December 9, 2008

3/3

#olice "a, Dae Wood also said that a former cellmate of %a&ley's. who first told police

in );;* that he had admitted &illing Ann. was recently interiewed again and repeated

that assertion

A polygraph e=am showed that he was (eing truthful. police said

%a&ley didn't respond to a reuest for an interiew for a );;8 story on the )3th

anniersary of Ann's disappearance. which identified him as one of seeral li&ely

suspects

Howeer. when a reporter wrote to him again on 6e( *8. *33). he wrote (ac& three dayslater and said that /once and for all/ he wanted to say he had had /A'$%&T!&) "%ID!A -HAT (A) HA! HA..!"!D T% H!#/

0eporter Andrew Wolfson can (e reached at 1+3*2 +