Jerry Brown To Review Alleged De Anza Rape

Wednesday, June 06, 2007

Tomas Roman

June 6 - KGO (KGO) -- California Attorney General Jerry Brown will now look at the De Anza College rape case after the Santa Clara County District Attorney made the request.

A deputy in the office of DA Dolores Carr says she is confident Brown will reach the same conclusion, that there is insufficient evidence to file charges in the case.

In a move experts call unusual but not unprecedented, the Santa Clara County DA has asked the state attorney general to review her decision not to charge two De Anza baseball players in the alleged rape of a 17-year-old girl.

The victim told deputies it happened at the South Buena Vista home of one of the players. The National Organization for Women, which rallies for and counseled the alleged victim, says it's a victory.

Mandy Benson, CA National Organization for Women: "I think it means that they really heard the victim. The victim has asked for this."

Jerry Brown, Calif. Attorney General: "Just got the request. We're going to take a very hard look at this case, make an independent review, and when we've completed that I'll make an announcement, either take some action or to validate what's been done"

District Attorney Dolores Carr has stated that there was not sufficient evidence to try the case. She declined to comment today.

Dean Johnson, ABC7 Legal Analyst: "I think it makes her look weak. There's an old saying 'never explain, never apologize.' Make your decision."

ABC7 legal analyst Dean Johnson says Carr is passing the buck and bowing to public pressure. He adds the attorney generals office review might not satisfy her critics.

Dean Johnson, ABC7 Legal Analyst: "If he should ratify Carr's decision he's not saying that the decision is right. He's not saying that that's the decision he would have made. He's only saying Carr did not abuse her discretion."

De Anza College says it welcomes a state review of the DA's decision not to charge any students with rape, and hopes for a full and fair resolution to the case.

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