Local News

CUPERTINO (CBS 5 / AP / BCN) ― Prosecutors said Monday there was not enough evidence to support filing any charges in the case of an alleged gang-rape of a 17-year-old girl by De Anza College baseball players at a party in March.

The Santa Clara County District Attorney's office announced their conclusion after reviewing the findings of a two-month investigation.

"The Sheriff's Office conducted a thorough investigation and submitted its findings for our review. We have completed our review, and have concluded that there is insufficient evidence to support the filing of charges," said District Attorney Dolores Carr in a statement.

Sheriff Laurie Smith met around noon Monday with the alleged victim in the case and the girl's mother to address any concerns they might have, according to the sheriff's office.

Assistant District Attorney David Tomkins said he could not elaborate on the specifics of the decision not to prosecute, citing an agency policy against releasing the facts of cases the office declines to file.

But, asked in a telephone interview about the role of DNA tests that investigators conducted, Tomkins said: "We looked at every shred of evidence in this case, and we used every procedural avenue available to us to examine the facts. We discussed it and decided there was insufficient evidence of any crimes being investigated."

The investigation of athletes and other students at the Cupertino community college stemmed from allegations that the girl was repeatedly raped while unconscious at a March 3 birthday party for one of the players.

The party was held at the home of De Anza infielder and sophomore Steve Rebagliati, 20, on south Buena Vista Avenue in the Burbank District, an unincorporated part of San Jose.

Eight baseball players were suspended from the team after the alleged rape was reported and sheriff's investigators took DNA samples from an unspecified number of partygoers, including some of the players.

Separately, the sheriff's office had been looking into a second woman's claims that she was raped in the same house during a party in December. Tomkins said there would not be any charges in that case, either.

One of the eight suspended baseball players, pitcher Chris Knopf, told the San Jose Mercury News on Monday: "From the beginning, I kind of felt like it was a witch hunt and the De Anza players were victims, and not really this girl."

Last week a criminal grand jury heard from witnesses in the case, the newspaper reported.

"The legal process has clearly taken its course," said De Anza College spokeswoman Marisa Spatafore, who wasn't sure how quickly news of the prosecutor's decision had spread among students Monday.

While classes remained in session for the quarter at the 22,000-student college, she said the baseball season is now over.

"We really are taking the opportunity to turn this into a learning experience for students, quite frankly," Spatafore said.

Since March, De Anza College has held a meeting with all student athletes at which school officials discussed "critical issues of personal choice and responsibility," she said, noting that the college is working with students to ensure everyone is aware of appropriate behavior on and off the field.

Incoming athletes will take part in a mandatory curriculum on what behavior is expected of them, she said, and counseling is also available for any student who seeks it.

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