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Charges dropped against school janitor

Friday, March 23, 2007

(Brooklyn - WABC, March 23, 2007) (WABC) -- All charges have been dropped against a Brooklyn elementary school janitor who was accused of sexually assaulting an 8-year-old student.

Officials say 58-year-old Francis Evelyn was falsely accused of repeatedly raping and sodomizing the girl in a school bathroom at P.S. 91.

Those charges were dropped after prosecutors say the allegations by the accusor did not add up.

Eyewitness News has an exclusive interview with Evelyn. Education reporter Art McFarland has more from downtown Brooklyn.

It seems that Francis Evelyn had his life temporarily shattered, his privacy trampled upon and his reputation tarnished this week. He walked out of Brooklyn Criminal Court a free man today, but it seems his life may never be the same.

"I went through hell," Evelyn said.

Evelyn was joined by his family as he described the ordeal of being falsely accused of raping a child.

"I cannot describe the feeling which is inside of me right now, and what I went through for those couple of days," he said.

He speaks with discomfort about being led away in handcuffs from P.S. 91, where authorities had arrested him while he was at work.

"I can't talk, because I'm shocked to know that I didn't do nothing and I'm going down to jail, which never happened to me in my 58 years of life," he said. "Never been arrested."

Evelyn will never forget spending two days in Riker's Island, where he says he was the object of vicious threats.

"They were threatening me, and tell me they're going to take me out, they're gonna cut my throat," he said. "It's their sister, their niece. It was hell."

Evelyn was overcome with tears at Brooklyn Criminal Court today, after the less than two minute proceeding that ended with an assistant district attorney delivering the words, "The People are dismissing the charges."

"We take all of these allegations very, very seriously," Assistant DA Ama Dwimoh said. "And at the end of the day, there's just insufficient evidence to prosecute this case."

Richard Spivack represents Evelyn.

"It will be nice to know that at least, to this extent, the system worked," he said.

But for the veteran janitor and his family, there are emotional scars.

"I have people threatening his life, including where he puts his money in the bank," daughter Ria Evelyn said. "It's a terrible, terrible thing."

"They're making my father out like he's an animal," son Anthony Evelyn said. "And I really can't understand it."

"I want my name to be cleared," Evelyn said. "I want to walk the street with my head up."

Officials from the Department of Education said that Evelyn can have his job back if he wants it. Spivack says the family has not ruled out legal action as a result of his arrest.

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