May 22, 2007 11:10 pm US/Pacific
Sheriff's Office Says De Anza Rape Case Not Closed
by Len Ramirez
SAN JOSE (CBS 5 / KCBS / BCN) ―
This week's short announcement that there would not be charges filed in the De Anza sexual assault case is raising questions about how the Santa Clara County District Attorney came to that decision. Meantime, the Sheriff's Office on Tuesday maintained "the case is not closed at this point."
The District Attorney's office said in a brief statement released Monday that there was not enough evidence to support charging anyone in an alleged gang rape at a party attended by members of De Anza College's baseball team. The prosecutors said their conclusion came after a two-month investigation by the Sheriff's Office.
Cmdr. John Hirokawa, who headed the Sheriff's Office probe into the high-profile incident, said Tuesday that he was surprised at the D.A.'s decision.
"It was unexpected. At the Sheriff's Office we're disappointed that charges were not filed," he said.
The investigation stemmed from allegations that a 17-year-old girl was repeatedly raped while unconscious at a March 3 party in an unincorporated area of Santa Clara County.
De Anza college had suspended eight baseball players for violating the school's athletic code of conduct while the incident was under review.
"We make a determination when we want to close this case. We can keep it open for as long as we want. We believe the case is not closed and we will re-evaluate this," Hirokawa said.
Sources told CBS 5 that the Sheriff's Office was considering a range of options from re-starting the investigation, to re-filing on new, lesser charges against the baseball players for having unlawful sex with a minor, or furnishing a minor with alcohol.
The district attorney's office was tight lipped and did not respond to the statements Tuesday from the Sheriff's chief investigator.
"We believe they (the district attorney's office) did the right thing," said attorney John Cahners, who advised De Anza
baseball player Steve Rebagliati. Rebagliati's home on South Buena Vista Avenue outside San Jose was the scene of the team party where the alleged rape occured.
"We're happy," said Cahners, who indicated the right decision was reached. As far as silence from the district attorney, Cahners feels prosecutors don't have to answer to the media who "weren't there" and "didn't conduct interviews with
witnesses."
Bottom line, said Cahner, "We don't believe there was a crime committed."
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