Reply #94: Jesus F-in Christ ... The DA is a Concern Troll!

[NashVegas]

This case fits that mold. Many of the witnesses had been drinking, some heavily, and their stories were not always consistent. But most important, the victim told investigators that she did not remember anything that happened from shortly after the time she arrived at the party. The victim would be unable to counter claims that she had consented. The trial would be fought over differing versions of the victim’s sobriety and behavior, with several witnesses and potential defendants motivated to paint her in an unfavorable light.

The result would be such a confusing and conflicting account of what happened that we would be unable to convince 12 jurors to convict. For example, the media reported that the victim vomited. But lab tests showed that the vomit did not come from her. The defense would challenge any account which depended upon the vomit to prove that the victim was too intoxicated to consent.

These cases depend upon a careful weighing of the facts. However, now that we have decided not to file charges, ethical responsibilities limit my ability to discuss all of the evidence in this case. My first duty is to the teenager, who did not choose to have her life dragged into the media. When we do not file charges, it is unfair to the victim to release details of the incident in order to justify our decision. Releasing such information would also discourage victims from reporting assaults in the future.

more ...

http://www.sccgov.org/portal/site/da/menuitem.311b6004a2316af82b9900dd5a30a429?path=%2Fv7%2FDistrict%20Attorney%2C%20Office%20of%20the%20%28DEP%29%2FNews%20and%20Events%2FNews%20Releases&contentId=652823f858dd2110VgnVCM10000048dc4a92____&cpsextcurrchannel=1



FYI, the kid who owned the house (specifically, whose family trust owns it in his name) was involved in a hit and run accident hours before the party. I wonder if he'll get prosecuted for that?

http://en.wikipedia.org/wiki/2007_De_Anza_baseball_players_rape_case#_note-100