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  1. #1
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    CA - DA declines to prosecute college baseball team members accused of rape

    http://www.ktvu.com/news/13370961/de...5264&qs=1;bp=t

    SAN JOSE -- Two young women who say they intervened during a savage assault at a college party are speaking out in an exclusive television interview. The women say they witnessed a rape last March that involved members of the De Anza College baseball team, and they are now outraged that the Santa Clara County District Attorney has chosen not to prosecute the case.

    The DA says there is insufficient evidence to bring charges against the eight members of the De Anza baseball team, but Tuesday night KTVU Channel 2 spoke with the two young women who say they were at the party and rescued from a sexual assault a 17-year old girl they had not known until that night. Their story is graphic.

    Lauren Chief Elk and April Grolle are 20-year old De Anza College students and teammates on the school's soccer squad. They were leaving a party at a house when they realized something wrong was going on in a back room where the doors were closed and the lights were off.

    "We heard and saw a girl tapping on this door in the kitchen saying 'There is a girl in there with eight guys," explains Chief Elk.

    They say they tried to get into the room, but were confronted by a baseball player.

    "[He said] 'Mind your own business; she wants to be in here' and slams the door," says Grolle.

    What they saw through a crack in the door horrified them...

    The rest of the story is graphic and it makes me sick that the DA is not going to prosecute. THERE WERE WITNESSES FOR CRYING OUT LOUD. WITNESSES THAT CLEANED VOMIT OUT OF THE VICTIM'S MOUTH. I am going to look for more info on this case and then I am going to write a letter to the newspaper, DA, etc. I am so enraged right now.

  2. #2
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    OMG - That is just awful. I wonder if she had a rape kit done at the hospital? Also wondering if the 17 year-old is cooperating and wanting to press charges? What if the cops talked to the victim and she gave them a different story? I don't know - I can NOT believe they are not pressing charges with 2 witnesses and a third that helped them take her to the hospital......unbelievable.

  3. #3
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    Here is another article:

    http://www.mercurynews.com/breakingnews/ci_5978871


    For 17-year-old Amanda Banducci, coming to the Santa Clara County District Attorney's office Thursday was about supporting a friend.

    "I really wanted to be here for her," she said.
    Amanda played softball with the 17-year-old high school student who sheriff's investigators said was sexually assaulted at a party when she was too drunk to consent.
    And so it was - in a way - for all of the dozen or so people who stood in the sun during the lunch hour in a quiet protest over District Attorney Dolores Carr's decision to not press charges in the reported gang rape at a De Anza College baseball player's birthday party on March 3.
    "The decision sent a chilling message to rape victims in Santa Clara County," said Clark Williams, a San Jose resident who works with crime victims.
    About the alleged victim Williams said: "I believe her. I want to make sure that message is sent. We believe her. I hope she can hear us." The March rape allegations sparked a fire storm, grabbing headlines for months as eight players were suspended from the baseball team and three were brought before a criminal grand jury to testify. The Santa Clara County Sheriff's department interviewed more than 40 partygoers and took DNA samples from as many as 10.



    ~So the victim is a 17 year old high school girl who was drunk at a college party. I still can't get the first article out of my head. I can't imagine why they have declined to prosecute. IMO, if a woman/girl is described as limp, with vomit coming out of her mouth, panties around her ankles, surrounded by 8 guys, I find it extremely difficult to believe she hadn't been raped.

  4. #4
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    I live out here on this one.All the baseball players submitted DNA. They could not make a match to anyone of them.And yes the girl did have a rape test.It has caused a stir out here as you can imagine on both sides. The one thing that I keep hearing in my ears. Is the DA did not want another Duke case going on. The Da also has left open the door for. If more evidence is found they will re-open the case.
    TYBEE U WILL ALWAYS BE MISSED AND LOVED.


    http://www.amw.com/fugitives/case.cfm?id=61288

  5. #5
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    Somewhere, there is more to this story.

    Does anyone know what the alleged victim said?
    It's not what a man knows that makes him a fool, it's what he does know that ain't so. .... Josh Billings

  6. #6
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    STATE TO REVIEW DE ANZA RAPE CASE
    Attorney general to look into D.A.'s decision not to prosecute
    Jim Herron Zamora, Chronicle Staff Writer
    Wednesday, June 6, 2007

    State Attorney General Jerry Brown's office will review the Santa Clara County district attorney's decision not to file charges in the alleged gang rape of a 17-year-old girl at the home of a De Anza College baseball player, officials said Tuesday. "We will review to determine if the district attorney abused her discretion in finding not to prosecute," said David Kravets, a spokesman for Brown. "We have no evidence that she did, but we will conduct a thorough review of the evidence in this case and come with an independent decision. ... We will look at their entire case file and do any investigation of our own that we determine is appropriate."

    Questions about the case have persisted after Santa Clara County District Attorney Dolores Carr decided two weeks ago not to charge members of the Cupertino community college's baseball team in connection with the incident at a party at the San Jose home on March 3.

    After a lengthy investigation that included testimony to a grand jury, Carr said May 21 that there was "insufficient evidence to support the filing of charges." Her decision frustrated investigators and outraged the victim's family and many women at the college.

    It is rare for the attorney general's office to review an investigation by a county prosecutor in a high-profile case. But Carr invited Brown into the case to quell community concerns over her decision. Carr mailed a letter on Friday asking Brown to take a look at the case, but the attorney general's office had not received the letter by Tuesday, so her office faxed it to Brown's office on Tuesday, said Carr's spokesman, Santa Clara County Assistant District Attorney David Tomkins.

    http://www.sfgate.com/cgi-bin/articl...&feed=rss.news

  7. #7
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    Buzz, thank you so much for posting this. The decision not to prosecute infuriated me. I want to know why.

  8. #8
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    Quote Originally Posted by Masterj View Post
    Buzz, thank you so much for posting this. The decision not to prosecute infuriated me. I want to know why.
    Mj, my son brought this to my attention; one of the guys he works with is on top of the case, and thought that, being that De Anza is in Cupertino, people here, have too much affluence, and wield too much influence, on the process. I live about a 15 minute walk from De Anza. Being that this is a rape case, we aren't likely to hear enough information to decide whether the Santa Clara County DA is right, or not. I'm very glad this is being pushed forward to the State Attorney General, Jerry Brown (ex-Gov of CA).

  9. #9
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    Quote Originally Posted by Buzzm1 View Post
    Mj, my son brought this to my attention; one of the guys he works with is on top of the case, and thought that, being that De Anza is in Cupertino, people here, have too much affluence, and wield too much influence, on the process. I live about a 15 minute walk from De Anza. Being that this is a rape case, we aren't likely to hear enough information to decide whether the Santa Clara County DA is right, or not. I'm very glad this is being pushed forward to the State Attorney General, Jerry Brown (ex-Gov of CA).
    I read about this when it happened. I am local also. It was VERY OBVIOUS this girl was in no condition to give consent AT ALL !

  10. #10
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    Quote Originally Posted by montana_16 View Post
    I read about this when it happened. I am local also. It was VERY OBVIOUS this girl was in no condition to give consent AT ALL !
    I haven't read anything about what the girl said, or what condition she was in, at the time. The one article said that there was an eyewitness??

    Just found this, you're right--can't understand what the DA is thinking.

    Three members of the De Anza women's soccer team said they burst into a room in the house to find eight to 10 men watching someone sexually assault the victim, who was described as "lifeless.''

    Critics of Carr's decision say they hope Brown will file charges in the case.

    "Someone needs to take responsibility for their actions and hopefully face consequences," said April Grolle, one of the soccer players who witnessed the alleged rape.


  11. #11
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    Quote Originally Posted by JDB View Post
    I live out here on this one.All the baseball players submitted DNA. They could not make a match to anyone of them.And yes the girl did have a rape test.It has caused a stir out here as you can imagine on both sides. The one thing that I keep hearing in my ears. Is the DA did not want another Duke case going on. The Da also has left open the door for. If more evidence is found they will re-open the case.
    Did they find DNA on the rape kit? Do you know if any other men were at the party besides the baseball players? It is strange that there are 2 eyewitnesses who saw a gang rape, but yet no DNA match.

  12. #12
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    Quote Originally Posted by Buzzm1 View Post
    I haven't read anything about what the girl said, or what condition she was in, at the time. The one article said that there was an eyewitness??

    Just found this, you're right--can't understand what the DA is thinking.

    Three members of the De Anza women's soccer team said they burst into a room in the house to find eight to 10 men watching someone sexually assault the victim, who was described as "lifeless.''

    Critics of Carr's decision say they hope Brown will file charges in the case.

    "Someone needs to take responsibility for their actions and hopefully face consequences," said April Grolle, one of the soccer players who witnessed the alleged rape.
    Buzz, read my first post. Maybe MSM is right. Maybe the wrong guys were id'd. I am pretty sure I remember reading that the kid who hosted the party has a prominent father. A tennis or golf sportscaster or something like that.

  13. #13
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    This reminds me of the Haidl rape case here in Orange county.
    While they did press charges,these 3 ****s originally got a hung jury.
    The whole thing was VIDEO TAPED and the jurors still could not come back with a guilty verdict.
    The tape showed this girl clearly unconscious, flopping like a rag doll, and unable to give any consent at all. But since she had sex with these boys previously, no one wanted to call it rape. One juror said they saw "her hips move forward a bit"and they considered it consent. That might have been when they were penetrating her backside with a pool cue or when she was violated with the snapple bottle or cigarette, I can't recall.
    The defense was that she was "acting" and she knew what was happening and consented.
    It was nonsense.
    Ultimately even after a hung jury, the DA decided to prosecute again with lesser charges and theses 3 were convicted.

    Oh Haidl's father was an assistant sheriff and he had a dream teeam defense because of his father's wealth. They almost pulled this off.

    http://www.ocweekly.com/news/news/ki...goodbye/19017/

    excerpt:

    >>His attorneys called the victim, identified only as Jane Doe, a “slut.” They argued that she, not her assailants, ought to have been charged with rape. They hired private detectives to gather dirt on the girl, to trail the family, and to solicit the damning testimony of Doe’s high school friends. Expert witnesses paid for by Haidl’s father, a former assistant sheriff and multimillionaire car dealer, said Doe was faking unconsciousness while the three boys penetrated her<<

  14. #14
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    I want to ask a question that is serious, and I don't want to get slammed, although I probably will. This is genuine, I am not taking sides on this or any other case. It just popped into my head after reading this thread, and I wonder...

    We know that a child under a certain age cannot consent. That goes without saying. We know that there are times when age difference or authority or disability makes consent impossible. I'm not talking about those cases.

    My question is about when you have men and women of roughly equal age and authority, voluntarily at the location and using drugs or alcohol. Often in these cases we accept that a woman who voluntarily drank or used drugs and became impaired could not consent, while the police, prosecutor, or jury has other thoughts about these issues. It can be confusing and infuriating.

    BUT, at what point are the men involved unable to consent as well? If they also used drugs or alcohol and subsequently engaged in sex acts that they might have avoided had they been sober (just as the woman might have), are they culpable because they were able to maintain an erection?

    When I think of some of the dangerous things my friends or I did in high school and college, under the umbrella of denial because "I was drunk", and the boys who followed us willingly...are we any less culpable? Did we go out with them and get drunk and go alone with them, knowing what would happen...and can we still feign innocence? If our judgement was impaired, wasn't theirs as well? If we cannot give consent, how can they? Who is the rapist - the boy or the girl?

    Trust me, I am not saying that these men are innocent. I am asking on a moral and legal basis, as well as because I am the mother of both boys and a girl. As much as I fear for my daughter's safety, I also worry that my sons or one of their friends might do something out of stupidity or immaturity or intoxication that they might normally never dream of that will ruin their lives forever. They might be one in a room who are watching but afraid to speak up, caught in a media frenzy or political storm. They might be cleared but never again presumed innocent.

    And I wonder at what point will the tide turn, and rape victims will once again fear coming forward, dread having their lives and entire sexual history combed over, refuse to be victimized again by the politicians and the media...and we'll be back to "the good old days" when this was just a crime that got swept under the carpet in shame.

  15. #15
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    Witnesses in De Anza case set to meet with Attorney General
    Trio lauded for courage at San Jose council meeting

    Officials from the state Attorney General's office on Wednesday will interview three young women who sheriff's investigators believe stopped the gang rape of a teen at a De Anza College baseball player's home, the women's attorney said today.

    Attorney Jim Hammer declined to say where the interview would take place. The women hope their statements will encourage the Attorney General's office to bring charges in the case, he said. Hammer talked about the scheduled interview as the three women received an award this afternoon from the San Jose City Council. Lauren Bryeans, April Grolle and Lauren Chief Elk received an approximately 30-second standing ovation during the council meeting.

    Santa Clara County District Attorney Dolores Carr handed the investigation into the alleged rape of a 17-year-old girl to the state Attorney General's office in June following public outcry over her decision to not file charges in the case. Carr, who has spent much of her legal career dealing with sexual assault cases, has said there isn't enough evidence to bring charges. Santa Clara County Sheriff's deputies believed that several men, including some baseball players, had sex with the girl after she was too drunk to consent. Their investigation started after Bryeans, Grolle and Chief Elk took the girl from the party to a hospital and reported the incident.

    Hammer said today that the women haven't changed their compelling story: They broke into a side room during a drunken March birthday party and saw someone having sex with a partially clad, nearly unconscious girl on a dirty mattress as others looked on. "If you just spend 10 minutes with them, you know they are telling the truth," Hammer said.

    http://www.mercurynews.com/ci_6741996?source=rss

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