Charges withdrawn against 5 charged in rec center rape

By Joseph A. Slobodzian, INQUIRER STAFF WRITER

Posted: September 01, 2012

Saying there was not enough evidence to prove the case, the District Attorney's Office on Friday withdrew charges against five juveniles arrested in the July 16 alleged rape of a 12-year-old girl at a Southwest Philadelphia recreation center.

Assistant District Attorney Cheryl Yankolonis told Family Court Judge James Murray Lynn that the office's investigation determined there was not enough evidence to pursue the case.

Yankolonis would not say what was lacking in the evidence, but added that prosecutors would not seek to refile charges against the five defendants, who range in age from 14 to 15.

"Every time a prosecutor goes into a courtroom, we have the responsibility to do the right thing. We want to do the right thing," said Yankolonis. "In these cases, we could not prove the charges beyond a reasonable doubt."

The victim had told police she was sexually assaulted by five boys in a stairwell during normal hours at the busy Francis Myers Recreation Center, 58th Street and Kingsessing Avenue in Kingsessing.

Investigators said at the time that the girl had no physical injuries from the alleged attack.

Three of the defendants who had been free on house arrest were in court when Yankolonis withdrew the charges, but they did not speak.

In a statement issued shortly thereafter, District Attorney R. Seth William's office said, "After continued and thorough investigation, [the office] has determined that there was not enough evidence to pursue charges in this case.

"The office has a continuing obligation to seek the truth," the statement said, "and that did not stop with the arrest of these defendants."

Contact Joseph A. Slobodzian

at 215-854-2985 or jslobodzian@phillynews.com,

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