May 2, 2008 11:54 pm US/Pacific
State Won't Charge De Anza Players In Rape Case
SAN FRANCISCO (CBS 5 / AP / BCN) ―
The California Attorney General's office said Friday it was dropping its investigation into the alleged gang rape of a 17-year-old girl attending a De Anza College house party, in large part because witnesses were too drunk to remember what happened that night.
"We have come to the conclusion that there is insufficient admissible evidence to prosecute," Deputy Attorney General Joyce Blair said at a press conference in San Francisco.
The Attorney General's office said it was declining to file charges in the case because many of the witnesses had drank large quantities of alcohol at the party and subsequently gave "wildly conflicting accounts of the evening."
The girl told authorities she "has no memory of anything that happened at the party beyond her initial arrival."
"That is certainly nothing any parent would like to see," Blair said. "Anyone in these circumstances suffers and we certainly consider her a victim."
Blair said prosecutors were left with "insufficient admissible evidence" after interviewing 20 witnesses, reviewing 100 hours of taped interviews and serving several search warrants to view computers and cell phones.
Authorities began investigating athletes and other students at the community college in Cupertino after a birthday party for one of the school's baseball players where the alleged attack occurred.
Eight ball players were suspended from the team after the alleged rape was reported.
The Attorney General's office said the suspects gave inconsistent accounts, but none them believed that a sexual assault occurred.
The Santa Clara County District Attorney made the same decision not to prosecute last year, prompting a public outcry and the involvement of the Attorney General's office.
"After a thorough and careful review of the reports, statements and evidence, including additional interviews with witnesses, the Office of the Attorney General has affirmed that our Office handled this matter properly. Equally important, the Attorney General has reached the same conclusion on the merits: this case cannot be prosecuted successfully,'' reacted District Attorney Dolores Carr.
Despite her decision being supported by the Attorney General's Office, Carr said the resolution of the controversy does not make her happy.
"As a former leader of this Office's sexual assault unit, a former judge, and as a mother, my heart goes out to this young woman when I think about what happened to her that night. As your District Attorney, I am frustrated that this Office cannot bring this matter to criminal court,'' Carr said.
However, filing charges that would not result in a conviction would be worse than not filing charges, according to Carr.
"A failed prosecution makes it less likely that other victims will report sexual assaults,'' Carr said.
While the Attorney General's Office noted that there is a 10-year statute of limitations on sexual assault cases in the event new evidence turns up in this case, Carr said her office considers the case closed.
Three young women who allegedly removed the victim from the party issued a statement Friday afternoon through San Francisco attorney Jim Hammer.
"We're disappointed beyond words at today's decision and at the criminal justice system," the statement by Lauren Bryeans, Lauren Chief Elk and April Grolle said. "The message seems to be if you get an underage girl drunk enough you can get away with rape. Our hearts go out to the victim and to all victims of sexual assault."
Bryeans, Chief Elk and Grolle said they had knocked down the door to the room where the victim was allegedly being assaulted during the house party and then took her to the hospital.
Following the incident, both Chief Elk and Grolle had publicly described finding the vomiting semi-conscious girl in a room surrounded by eight men with one allegedly between her legs.
(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press and Bay City News contributed to this report.)
