No charges filed in De Anza College rape case


The attorney general's office says it doesn't have enough admissible evidence to prosecute.

It was a controversial decision by the Santa Clara County District Attorney's Office. It sparked such public outrage in the first place that is actually why the attorney general's office reviewed the case.

Now the AG's office says it has reviewed thousands of documents, hundreds of hours of videos tape transcripts and the even did their own investigation.

In the end, the Department of Justice called the behavior "reprehensible." They still called the girl involved a victim, but no charges will be filed.

"All that we can say is that there is insufficient admissible evidence for a prosecution," said Joyce Blair from the Attorney General's Office.

The Attorney General's Office came to the same conclusion as the Santa Clara County District Attorney.

They can not prove who did what to a 17-year-old girl during a house party on March 3rd, 2007.

"Alcohol lowers inhibitions, clouds the memories and impairs the judgment and certainly there was a great deal of alcohol in use at this party," said Blair.

Eight De Anza baseball players were suspended from the team during the sexual assault investigation.

Even though no charges will be filed, many people believe a crime took place and still hopes one of the ballplayers' will break ranks.

"They know they are guilty, I think the communities knows they are guilty and until they do we are going to have a case that hangs out and creates a lot of agony for the victim," said YWCA Rape Crisis Center Director Sandy Davis.

The attorney general says the victim did not remember what happened to her, and the three women who rescued her from what they say was a sexual assault did not see enough to help in a prosecution.

"From their vantage point they weren't able to see faces and that's about as much as we can tell you," said Blair.

An attorney for one of the ballplayers' says as far as he is concerned the justice system has worked and any future speculation is unfair.

"Whether or not the public would like the conduct of anyone at that party and I do mean anyone that's another story but whether any activity constituted a criminal activity, that's a different story," said attorney John Cahners.

There is a 10 year statue of limitations, so theoretically if someone comes forward with new evidence, the attorney general says they can and will file charges. But our legal analyst says that is unlikely.

"The chances that someone is going to wonder into a prosecutions office and say I was there, I know exactly what happened is very, very small," said ABC7 News Legal Analyst Dean Johnson.

In a written statement, De Anza College welcomed the Attorney General's review and also acknowledged that the judicial process has completed it's course.

Also in a written statement, district attorney Dolores Karr said she reintegrated her position, that she was frustrated that a criminal case cannot move forward, but the evidence is simply not there, as the attorney general acknowledged.

The girl involved in the case has moved out of the area, and she is pursuing a civil case.

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