DA drops rape case against man IDed by victim

The Suffolk County District Attorney's office said today it has dropped charges against a man charged with a February rape because of "a continued investigation that developed evidence to sugest he was not the assailant."

The man was arrested while playing basketball at a North End community center after the victim saw him and called police.

Th DA's office said a GPS monitor showed he had nothing to do with a similar rape a month later. Also, his phone showed no evidence of the photos the victim said her rapist took after he was done. And investigators confirmed his alibi for the night of the attack.

The DA's office says the "nolle prosequi" filing does not say anything about the woman's veracity, tthat prosecutors believe her story and that she acted in good faith when she IDed the man.

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    Comments

    was it him or not? like real

    By on

    was it him or not? like real talk not MA court let me go/liberal judge talk. after all MA does have a history of letting bad, bad people off the hook . like, was the while alibi thing legit or just a defense strategy that worked?

    Mistaken identity

    She pointed him out, but he had an alibi and there appears to be no other evidence (or the DNA cleared, too).

    They don't have a case, likely due to the sort of mistaken identity situation that put a lot of people in jail for rape and murder before the advent of DNA testing. This isn't a "defense strategy that worked" or "liberal judges" because it is never even going to trial! This is an admission by the DA that they simply do not have a case, and they need to clear this guy's name ASAP!

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    DNA?

    By on

    There's no DNA, she was groped.

    This is pretty outrageous. The kid was filmed being arrested on the basketball court and that video played on the front page of Boston.com and the Bostonherald.com, yet still no story on either site about him being exonerated.

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    At least the kid didn't ....

    ... get sent to the slammer for 25 years -- like the poor guy just released (after being in prison since 1989) in New York -- where the police and prosecutor suppressed evidence that corroborated his alibi -- that he had been in Florida at the time of the crime.

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    Indecent assault covers a lot of ground

    All the same, it sounds like a case of mistaken identity.

    At least, given all the nasty hassle this guy went through, he had GPS evidence that he was not the similar-looking guy who raped somebody a month later.

    Cold comfort, yes - but now he can clear his name, demand an apology, etc.

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    More than an apology

    By on

    I'd want to be reimbursed for the thousands of dollars I'm sure he had to pay in legal fees. This whole thing is really outrageous to me. I live in the North End, it very well could have been me that reminded her of her attacker and arrested walking to/from work. Just crazy the cops didn't bother to collect any other info before arresting. She had already given an incorrect ID.

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    Is it common to charge

    By on

    Is it common to charge someone before the investigation is finished? I honestly don't know if this is how the system works or not, since it seems like they should confirm the alibi before charging someone

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    Probable cause to arrest when victim makes eyewitness ID

    By on

    It's been a while but I believe that the two-prong test, "veracity and basis of knowledge of the witness" establish probable cause (right of arrest or application for warrant) under MA Law. In this case, barring mental illness, drunkeness or some other malady, a victim (eyewitness) stating "that's him" would have veracity and basis of knowledge, more than enough to arrest. Conversely, if they didn't arrest after she ID'd the man and he went on to commit other attacks, police would be justly criticized. Still, I feel bad for the guy whose reputation got tarnished. Eyewitness testimony is not the most reliable.

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    So suspects need to be

    By on

    So suspects need to be charged when they are arrested? I guess that makes sense, but from what I've gleaned from shows like Law and Order I always thought you could be held for 24 hours before you're charged. This is the time where you tell the cops your alibi, and they keep interviewing you until the supervisor knocks on the one way mirror and tells the interviewing officer "his alibi checks out, and we don't have any other evidence, we can't charge him."

    Then Chris Meloni punches a wall and Richard "The Belz" Belzer cracks a joke.

    DICK WOLF

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    Re: So suspects need to be...

    By on

    I don't believe US law allows arrest without charge. It's legal in the UK, Ireland and elsewhere. Here, someone can be temporarily seized for questioning for a reasonable time, usually on the street, but probably not long enough to positively verify an alibi for a crime that occurred days before. In this case with the credible victim apparently making a spontaneous, positive ID of a guy on a basketball court, arrest would be the preferred response. There's also a police protocol of asking the victim how certain she is, that police didn't try to influence her etc. that she must sign. OTOH, if an officer has suspicion but not probable cause, the officer can ask a suspect to come to the station voluntarily for an interview. For instance, if she said "that looks like him but I'm not sure." The suspect is free to leave at any time (whether he knows it or not) and can't be held long without a charge. It's a good idea to take Adam's "innocent, etc." seriously.

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    Adam you mocked Michele

    By on

    Adam you mocked Michele McPhee last week for a typo, yet you make more mistakes than any "journalist" I've read.

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    Yes, I've made a lot of "mistakes" recently

    By on

    Last night, it was because I rushed to write a story in a pizza place (DeNo's in West Roxbury) with a kidlet who really, really wanted to leave (there was some guy waiting for an order who was whooping very loudly).

    Today it's because I've been writing on my phone instead of my laptop (for some reason, my laptop can no longer connect to either the City Hall or BPL networks) and I still haven't turned off auto-correct.

    Either way, the mistakes are stupid and I should be more careful, and if Michele McPhee wants to send me e-mail consisting of just the word "HAH!" I'd understand.

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    31

    Conspiracy

    By on

    Today it's because I've been writing on my phone instead of my laptop (for some reason, my laptop can no longer connect to either the City Hall or BPL networks) and I still haven't turned off auto-correct.

    Its a conspiracy to prevent you from reporting the truth so quickly..

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    You can connect anywhere in

    By on

    You can connect anywhere in the city now over the comcast network with your comcast account number, though it's not always great.

    Vacation

    By on

    Does the UHub Board of Directors allow you a vacation(s)?
    Are you allowed to travel more than 5 miles from a WiFi hotspot?
    Anyway, we'd rather read your typos vs. (insert disliked other folks names) anyday.

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    Have you donated to UHub?

    By on

    Then maybe Adam can hire an editor like McPhee should have, working at the Globe.

    Hey, Adam, I'm looking for work! ;) :)

    Also, anon, if you register then make a donation, you'll probably get a very nice note from Adam!

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    Man wants formal apology

    By on

    The Herald reports Ross Currier also wants the DA to file to dismiss the case against him with prejudice, rather than simply withdrawing the charges.

    Seems like a reasonable request

    I don't think an apology is necessary as the police were acting in good faith based on the the victim's testimony. But his name should be cleared unconditionally if truly there is no chance this is the suspect.