Gaines hearing is pushed back a week

A judge on Wednesday postponed a hearing until June 20 when a defense attorney is expected to challenge a criminal grand jury indictment against her client, a former Modesto police officer accused of sexually assaulting a woman in a motel room.

Mary Lynn Belsher, Lee Freddie Gaines' defense attorney, is arguing that a prosecutor failed to present to the grand jury evidence that would have exonerated her client.

Chief Deputy District Attorney Dave Harris argues that the evidence clearly does not disprove the defendant's guilt.

Stanislaus County Superior Court Judge Linda McFadden continued the hearing until next week so prosecutors could provide the defense copies of exhibits related to DNA evidence testimony.

The woman, who testified that she was a prostitute, said the incident occurred Jan. 5 after she got a call for service and the officer came to her motel room. She said Gaines handcuffed her and demanded oral sex.

The prosecutor told the grand jury that the woman's saliva, her DNA, was found on the inside of a zipper on Gaines' uniform.