An attorney for the women who rescued the intoxicated 17-year-old girl from the party is demanding that all evidence be tested.
"It's not too late. We ought to open all the evidence up, find out where it leads, and prosecute those who are responsible," said the witnesses' attorney, Jim Hammer.
The Santa Clara County district attorney maintains that even with the additional tests, there would still not enough evidence, to go to trial.
"You'll have to remember that DNA evidence tells us who was involved. It doesn't tell us exactly what a perpetrator or what the identified person did," said Santa Clara District Attorney Dolores Carr.
The untested evidence includes clothing, a comforter, and a sheet from the hospital where the teenager was examined.
