By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN CRIMINAL COURT — A male nanny who was charged with sexually abusing a Morningside Heights 5-year-old in his care was freed and then re-arrested before he could even leave the courtroom Wednesday.
Prosecutors had to let Richard Figueroa go because they were not able to present his young victim's testimony to a grand jury within the statutory time frame and indict him on sexual assualt charges.
"Due to the inherent difficulty in having a 5-year-old victim child undergo a grand jury proceeding [the case] hasn't been presented," said Assistant District Attorney Emily Ching.
"I want to make it clear the [DA] is not dismissing these charges," Ching said, adding that they hoped the victim would be able to testify in the future.
Figueroa, 23, was cuffed again on a new charge — child pornography about a minute after he was released.
The DA said prosecutors found "a significant amount" of child pornography on Figueroa's computer and the related charges would be unsealed Thursday in Manhattan Supreme Court at his arraignment.
The case is pending on his original charge of sexual assaulting a child.
Prosecutors said the babysitter allegedly forced oral sex on the child, who was in his care for at least three years.
