OAKLAND (KCBS) – A veteran Contra Costa sex crimes prosecutor who was fired following rape allegations has been ordered to be reinstated by an arbitrator. The deputy district attorney is now entitled to back pay and benefits.

KCBS’ Dave Padilla Reports:

Michael Gressett is still facing 13 felony counts in the alleged rape of a former co-worker at his Martinez home in May of 2008. But an arbitrator has ruled that the veteran sex crimes prosecutor was wrongly terminated.

”More than likely Mike will be placed on administrative leave pending the outcome, but there isn’t anything necessarily precluding the district attorney from putting him back to work,” said private investigator Mark Harrison.

Harrison, who has worked on the case since October 2008, doesn’t think Gressett is ready to re-enter the courtroom as a prosecutor.

”Our client is not necessarily ready to jump back in the saddle,” said Harrison. “He has another hurdle he has to make. We believe we’ll get there, it’s just going to take some time.”

The arbitrator, in a 26 page ruling, also said the accuser’s statements were inconsistent. She received a $450,000 county settlement in 2009. A call made to District Attorney Mark Peterson was not returned to KCBS.

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