Copyright© 2007 by School Services of California, Inc.

                                      Volume 20                   For Publication Date: July 6, 2007             No. 15

District Attorney Will Not File Charges Against
Community College Baseball Players 

Santa Clara County residents were stunned when District Attorney Dolores Carr decided not to charge members of De Anza College’s baseball team in connection with an alleged rape incident. 

Back in March, De Anza College suspended eight members of its baseball team from school athletics amid an investigation into the alleged gang rape of a high school student at a party. According to the Santa Clara County Sheriff’s department, the attack took place at a party where members of the baseball team, other De Anza students, and nonstudents had gathered in San Jose. Several members of the baseball team were questioned by investigators, but no arrests were made.

According to the San Francisco Chronicle, after a lengthy investigation that included testimony to a grand jury, District Attorney Carr concluded that there was insufficient evidence to support the filing of charges. Her decision frustrated investigators and outraged the victim’s family as well as many women at the college. 

The Santa Clara County District Attorney has asked for an independent review of the case by State Attorney General Edmund Brown. It is rare for the state to intervene into a county matter, but with a high-profile case of this nature involving a minor, Carr’s office invited Attorney General Brown into the case to help settle community concerns over her decision. Carr’s office sent an official letter to the office of the Attorney General asking it to review the case. Santa Clara County spokesman Attorney David Tomkins indicated that, “We are asking for this independent review, we think it’s important for the community to have confidence in our decision.” 

The County District Attorney at this stage believes that the Attorney General’s Office is likely to support her decision not to file charges in the case. However, critics hope for a different outcome and one that will result in charges being filed. 

David Kravets, a spokesman for Attorney General Brown, indicated that they would review the case to determine if the District Attorney abused her discretion in concluding not to prosecute. They plan to conduct a thorough review of all of the evidence in the case. Kravets indicated, “the question is not whether reasonable minds might disagree with the D.A.’s decision, but whether a reasonable prosecutor, looking at all the facts of the case, would almost always reach a different decision than that originally reached by the district attorney in this case.” 

As investigators believe that a crime has occurred, the Santa Clara County Sheriff will work with the state to continue to investigate the case. 

—Jamillah Moore, Ed.D.