Mar 19, 2007 10:10 pm US/Pacific
De Anza Baseball Rape Investigation Continues
by Thuy Vu
SAN JOSE (CBS 5) ―
It has been more than two weeks since the alleged sexual assault of a high school student happened at house party in San Jose. But, the Santa Clara County Sheriff's office still isn't ready to wrap up its investigation.
"It's really important for us to make sure that we are very thorough before we make an allegation," said Sergeant Ed Wise of the Sheriff's Department. "Because once you make an allegation, you can't take it back."
Some baseball players have given DNA samples. Legal experts say the fact that the alleged victim reported the incident right away will help prosecutors, especially if tests show she was very drunk that night.
"I think they are waiting for the toxicology reports to come back to see the extent of her impairment and whether she could have given consent," defense attorney Steve Clark said.
Clark was once a local prosecutor. He says investigators have to be very careful, especially in light of the failed rape prosecution of three Duke University lacrosse players. "It was a black eye for prosecutors everywhere and no one wants to make the same mistake," he said.
The Duke case does share some similarities with what reportedly happened in the DeAnza case -- a wild party, lots of drinking, college athletes and allegations of a sexual assault. The gathering was a birthday party for a DeAnza baseball player. One witness told the media two people had sex with the girl while at least 10 others cheered them on.
"If people were cheering or aiding and abetting the commission of the crime, that also is something I'm sure the prosecution is looking at, how wide a net do we cast in this situation," Clark said.
For now, there will be no more cheering at the house on South Buena Vista Avenue where the party took place. Neighbors say the residents moved out over the weekend. The home was known as a party house.
"They peed on the side of my van," says neighbor Olivia Silvas. "They're just destructive." Silvas says she's relieved the residents moved away. "There was a lot of stuff going on in there."
Investigators now say they expect to wrap up the case by Thursday.
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