“The factual basis cited for the commonwealth’s motion is the prosecution’s assessment that the minor victim, who is six years old, will not be prepared to testify at trial on Dec. 13, 2010, despite their efforts to work with the victim and prepare for her trial,” Associate Judge Ramona V. Manglona said in her written two-page order.
“Without the testimony of the minor victim, the commonwealth will not be able to prove its case beyond reasonable doubt,” Manglona said.
Hocog, 35, was charged with kidnapping, assault and battery, and disturbing the peace.
Manglona granted the motion filed by Assistant Attorney General Benjamin K. Petersburg and AGO trial assistant Tiberius Mocanu
Hocog’s defense counsel, Assistant Public Defender Richard Miller, did not object during the motion hearing on Dec. 3.
Hocog was placed under house arrest and released to his two elder brothers as his third party custodians.
Hocog issued a $100,000 appearance bond, representing a 743-square meter homestead lot in Kagman.
Police said Hocog lured his then-five-year-old victim with money to follow him out of a Kagman laundromat on March 2, 2010.
Police said the defendant then took the victim to an abandoned house.
A Commonwealth Health Center doctor who examined the victim found no physical signs of sexual contact, police said.
