Lawyer hopes prosecutors retry ex-caregiver on remaining sexual assault counts
Victim advocates are pleased and disappointed with the mixed verdict this week in the case against an ex-caregiver accused of sexually assaulting three women at local nursing homes.
The jury found Matthew Fluckiger guilty of sexually assaulting a woman at Parkway Hills nursing home in La Mesa.
But jurors deadlocked 11 to one on similar charges against Fluckiger involving two other women — one at San Diego Post-Acute Center and another at Avocado Post Acute, both in El Cajon. Eleven jurors believed Fluckiger was guilty. A lone juror did not.
RELATED: Jury finds ex-caregiver guilty on three counts of sexual assault, deadlocks on two others
Lawyer Scott Fikes, who represented Fluckiger's accuser at Avocado, said he was disappointed by the deadlock.
“Obviously, I would have preferred a different result, but I’m heartened that 11 out of the 12 jurors voted to convict the defendant for what he was alleged to have done to all the victims,” Fikes said. “I’m hopeful that the San Diego district attorney retries the defendant.”
No word yet on whether that will happen.
Fikes said re-prosecuting Fluckiger following the jury deadlock would send a broader message.
“It’s important not only for all of the victims in this case, but for other patients at nursing homes throughout the state,” Fikes said. “I’m confident if Fluckiger is retried, he will be convicted for everything that is alleged that he did.”