On March 3-4, 2007, a 17-year-old high school girl was at the home of one of the players of the De Anza College baseball team, where about 50 people had gathered for a birthday party. Her blood alcohol level (BAC), following the alleged incident, was .27, a level at which a person can be considered unconscious, intoxicated. She was unable to remember what happened to her that night. She awoke at a local hospital having been brought in by some good Samaritans, who informed hospital staff that the girl had been raped. Police were summoned and an investigation initiated by Santa Clara County deputies on March 4. Some of the partygoers refused to cooperate. The San Francisco Chronicle reported that at least three men, including two baseball players, had sex with the victim, while as many as ten others watched and cheered. Eventually, three 20-year-old women from the De Anza College soccer team peeked through the French doors and saw what was happening to the girl. They managed to break down the door and rescue the teenage victim. The three women state that she was so intoxicated she appeared comatose, was unable to stand and had to be physically removed from the home. The women claim they asked for assistance, but none of the men present helped. They monitored her breathing on the way to the hospital, but she appeared lifeless and her eyes were shut.
Timeline *March 3: Allegations surface that a 17-year-old girl was gang-raped during a birthday party attended by members of De Anza College baseball team *March 8: Eight players are suspended from the team for violating school ethics rules. *March 12: Witness: Partygoers cheered as two De Anza baseball players had sex with teen :*Witness: Two De Anza baseball players sexually assaulted girl while partygoers cheered, the witness, De Anza softball player Megan Keefhaver and boyfriend *March 17: De Anza baseball team makes a pitch for normalcy *March 19: CHP accuses De Anza baseball player of felony hit and run who later hosted the party where it is alleged a teenager was raped. *March 23: Sheriff's investigators hand case over to district attorney's office. The offices keep discussing the case in the coming weeks. *April 9: Another woman accuses De Anza ballplayers of rape *April 10: Police confirm report of 2nd rape by De Anza men *April 11: DA seeks more interviews, DNA in alleged rape tied to De Anza men *May 7: A criminal grand jury hears from witnesses. *May 15: Witnesses in De Anza rape case appear before grand jury :*Talk of immunity as De Anza baseball players testify in rape case *May 16: Talk of immunity as De Anza player testifies in rape case *May 21: Herhold: DA's paltry statement doesn't begin to answer questions *May 22: Sheriff: Partygoers 'got away' with sex assault at De Anza team party *May 22: Witnesses To Alleged De Anza Rape Speak Out :*Herhold: Questions persist in De Anza case, and we deserve answers :*No charges in De Anza case :*D.A. won't file in case involving De Anza athletes Sex assault, decision stuns investigators in Sheriff's Department, * May 23: DA breaks silence on De Anza case: "I'm at peace" :*Deputies want to know why no charges were filed in De Anza case :*Herhold: De Anza students who helped girl at party did the right thing *May 24: Editorial: Carr owes more of an explanation on De Anza sex case :*DA breaks silence on De Anza sex case *May 25: De Anza sex case decision protested *May 26: Herhold: What Carr should say on De Anza rape case :*Experts: Gang rape common but prosecution is rare *May 27: Purdy: Recent events throw jock culture under a light :*Carr: Based on the evidence, De Anza case had to be dropped :*DA says De Anza evidence fell short *May 29: Why I Did Not File Charges, News Release, From: Dolores Carr, District Attorney *May 30: Activists plan Thursday protest on De Anza case *May 31: Girl in De Anza rape case 'wants her day in court' :*De Anza protest planned *June 1: Teen accuser in alleged De Anza sex case speaks out :*D.A. under fire for decision not to prosecute De Anza case *June 3: Alleged rape victim's rescuers threatened *June 5: California State Attorney General Edmund Jerry Brown will review the case,
D.A. Dolores Carr refuses to try case "I'm aware of the public upset and outrage," Carr said. "It's not as simple as people think it is. The girls' statements were compelling. This is one of the things that makes this a tough job." Carr is in the midst of a firestorm of criticism and continued backlash from protesters for her decision not to try the case. Carr's decision was not scorned by all; Stanford Law School professor Weisberg was quick to defend the district attorney's office and their decision not to prosecute.
"Why I Did Not File Charges" In a news release, "Why I Did Not File Charges," District Attorney stated:
:I must also respect our responsibility as prosecutors to the accused. As U.S. Attorney Patrick Fitzgerald said after deciding not to indict Karl Rove in the Valerie Plame spy case, "we either charged someone or we don't talk about them." The Duke lacrosse team case shows how statements by prosecutors can damage lives even when no charges are filed. : :And what of the three soccer players who witnessed men huddled around a man having sex with a teenage girl? I salute their honor and courage in intervening to rescue this girl from a horrible situation. But they only saw the last 30 to 60 seconds of a two hour party. The totality of the evidence of what happened that night would make it impossible for us to prove sexual assault charges beyond a reasonable doubt against anyone.
Defense Attorney Attorney John Cahners, who represents one of the baseball players Steve Rebagliati, said "We did our own investigation early on," Cahners says that because the men were 19 and 20 years old, sex with an underage girl would only be a misdemeanor. Cahners contributed $1,000 to the election campaign of District Attorney Dolores Carr
California Attorney General Edmond Jerry Brown's office to review case On June 5, 2007 the California State Attorney's office agreed to review the alleged gang rape. The Attorney General received a letter by District Attorney Dolores Carr requesting the review. Women's organizations locally and nationally had already begun an online petition requesting the review by the California Attorney General of the decision not to press charge by District Attorney Dolores Carr. The Santa Clara Sheriff's department will be able to present evidence to State prosecutors as early as this week.
Sheriff Laurie Smith speaks out Santa Clara County Sheriff Laurie Smith said Tuesday she believes that "individuals got away with sexual assault" at a party attended by members of the De Anza College baseball team, and that "at some point, someone needs to speak up for the victim." The D.A.'s office decision not to prosecute is raising questions and the Sheriff's Office of Laurie Smith says the De Anza Rape Case is not closed. Sheriff's Cmdr. John Hirokawa, who headed the investigation, said he was "disappointed in the decision not to file any of the charges that were reflected in the reports."
Alleged rape victim wants day in court *"The victim wants to go ahead," says Irene Weiser, founder of New York-based StopFamilyViolence.org, who read a statement from the victim at a Thursday demonstration in front of the D.A.'s office. "She's certainly seen the district attorney's comments, and she realizes she might not win. But it is not fair not to give this egregious wrong a hearing." *"She calls on the state Attorney General's office to intervene on her behalf and on the behalf of other rape victims in Santa Clara County who feel that they cannot come forward with the climate of injustice in the county," said Irene Weiser, who flew in from the New York offices of Stop Family Violence to join about 20 other protesters in front of District Attorney Dolores Carr's office.
Protests start Good Samaritans speak out April Grolle, Lauren Chief Elk and Lauren Breayans never expected to be called heroes. They describe how others tried to stop the attack but were prevented physically by baseball players. *" 'Mind your own business; she wants to be in here' and slams the door," says Grolle. *"I saw that this young girl did not want to be in there, and that's when we just went 'We're getting this girl out of there,'" says Grolle. Comments on the D.A.'s decision not to prosecute: *"It makes us think that no girl is ever going to want to come forward and say they were violated as this girl was, because they're going to think it doesn't even matter," says Chief Elk. "But it does."
Alleged rape victim's rescuers threatened The young women who rescued the girl from the scene of the sexual assault were threatened in the days following the alleged rape. *"We'd be walking around, and people would actually come up and get in our face," said Chief Elk. *"People I didn't even know were coming up to me and saying, "Stop your lying. Shut your fucking mouth," Chief Elk said in an interview last week.
In the following days they were harassed to the point where they felt threatened. Santa Clara Sheriff's department confirms that they were called out to the campus, with no citations or arrest, only a warning given.
Breayans, one of the rescuers says she can identify one man who was sexually assaulting the girl.
National *"We want to make sure rape cases are being prosecuted," said National Coalition Against Violent Athletes' Katherine Redmond, who helped organize the rally. "We are tired of seeing this happen. We are tired of the culture that allows this to happen." Angry demonstrators called for charges to be filed, as more demonstrators show up from across the country, with calls and an online petition for California Attorney General Jerry Brown to try the case. The D.A. continues to hold steadfast that she made the right decision. District Attorney Carr stated, "I can't make up evidence." The alleged victim spoke through a representative, saying she has lost confidence in the district attorney and wants the state attorney general to intervene. California National Organization of Women, states that the phones are ringing off the hook at their offices across the country concerning this case.
Reports of a second rape Reports of a second rape surface, as a woman comes forward to report that De Anza College baseball players sexually assaulted her in December at a party held at the same home months before where it is alleged that the teenager was raped. "The sheriff's department is aware of the allegation and will look into it," said Sgt. Ed Wise of the Santa Clara County Sheriff's Department, adding that deputies take rape allegations seriously.
The house The house where it is alleged a rape was committed in December 2006 and another rape in March 2007 is owned by the parents of baseball player Steve Rebagliati who lived at the home.