Montgomery County Circuit Judge J.R. Gaines granted a motion to drop the sexual abuse case against former Alabama State Rep. Perry Hooper, Jr. on Tuesday.

The Montgomery County District Attorney's office filed a motion Monday in Montgomery County Circuit Court to drop the sexual abuse case against Hooper.

The woman who accused Hooper of sexual abuse asked law enforcement to drop the felony charge against him last week.

Montgomery County Chief Deputy District Attorney Azzie Taylor wrote in a motion filed Monday in Montgomery County Circuit Court that "based upon the lack of evidence due to victim's unwillingness to cooperate, the state of Alabama moves to nolle pross this matter." Nolle pross is Latin for unwilling to prosecute.

"The Montgomery County Grand Jury indicted (Hooper) for sexual abuse in the first degree," Taylor said in the filing. "The victim in this case has issued a statement, via a written press release, indicating that she did not want to prosecute the defendant. The state of Alabama has concluded that without the victim's testimony and cooperation, the evidence would be insufficient to attain a conviction."

Hooper was indicted on first-degree sex abuse charges on November 19, after Elizabeth Daly said he had grabbed her breast and waist while shoving his pelvis against her backside and kissing her neck at a restaurant on August 16.

Daly issued a statement last week that said, "I have asked that any charges against Perry Hooper be dismissed." 

"The matters relating to Mr. Hooper and me have been resolved and going through the turmoil of a trial would provide no more justice than getting a sincere public apology from Mr. Hooper," Daly said. "I so respect and appreciate law enforcement and the job they have to perform, nevertheless, I request these charges be dismissed."

Hooper represented Alabama House District 73 for close to 20 years. His career in the Alabama Legislature ended in 2003 when David Grimes beat him in the Republican primary.

Hooper apologized to Daly in a statement provided to Todd Stacy of Alabama Daily News on Tuesday after the case was dropped.

"I would like to express my sincerest apologies to Elizabeth Daly," Hooper said in the statement. "On August 16, 2022, Miss Daly was assisting my friend and me, as a hostess where we were dining. I was wrong and I take full responsibility for my actions. Miss Daly is an exemplary person and my behavior was unacceptable. I hope she will accept this apology for my regrettable conduct."

Hooper won't be making any further statements, according to his attorney, Joe Espy III.

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