DeKalb chiropractor Danny Benson Cleared of Child Molestation Charge

ATLANTA -- A judge cleared a DeKalb County chiropractor arrested on charges of child molestation after ruling there was no probable cause to proceed with the case.

Fulton County Judge Karen Woodson dropped the charges against Danny Benson and released him from jail on Wednesday.

Channel 2’s Mike Petchenik was the only television reporter in the courtroom as lawyers questioned the Atlanta police officer who arrested the 65-year-old man.

The officer arrested Benson after an encounter with the girl and her mother at Chastain Park.

"Mr. Benson approached her and her daughter and made a comment to her daughter she had a pretty dress. Her daughter is 2 years old. Her daughter responded by saying it was a pretty pink dress and Mr. Benson responded by asking if she was wearing pretty pink panties," testified Officer Andres Facemyer.

"Why would a 65-year-old man talk to a 2-year-old girl about her panties?" questioned Facemyer.

Defense attoey Bob Rubin said Benson's exchange with the girl did not constitute child molestation, and the judge agreed.

The decision brought Benson’s daughter, Lea, to tears. ”He was the best dad in the world, still is. He's a kind and gentle and friendly man," she said.

”There’s an old saying: when you’re a hammer, everything looks like a nail. I think as a police officer looking for crime, he'll take a fairly innocent situation and to him it looks like a crime. I just think they overreacted," said Rubin.

Police said Benson had no previous criminal record. Officers said Benson was carrying a gun in the park when he was arrested but he did have a permit.