SAN JOSE, Calif.
Santa Clara County prosecutors announced Monday they have declined to file charges in the case of the alleged rape of a 17-year-old girl by De Anza College baseball players at a party in March.
Assistant District Attorney David Tomkins said he could not elaborate on the specifics of the decision, citing an agency policy against releasing the facts of cases the office declines to file.
But, asked in a telephone interview about the role of DNA tests that investigators conducted, Tomkins said: “We looked at every shred of evidence in this case, and we used every procedural avenue available to us to examine the facts. We discussed it and decided there was insufficient evidence of any crimes being investigated.”
Authorities began investigating athletes and other students at the Cupertino community college, located about 40 miles south of San Francisco, after a birthday party for one of the players where the alleged attack occurred. The girl claimed she was gang-raped at the party, which was held at the home of a De Anza infielder.
Eight ball players were suspended from the team after the alleged rape was reported.
Sheriff’s investigators took DNA samples from an unspecified number of partygoers, including some players.
Separately, the sheriff’s department had been looking into a second woman’s claims that she was raped in the same house during a party in December.
