Hoge Fenton Attorney Provides Statement on Prosecution Decision in De Anza Rape Case

Date : 05/03/2008 @ 6:34PM
Source : Business Wire
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Hoge Fenton Attorney Provides Statement on Prosecution Decision in De Anza Rape Case

Barbara Spector, attorney with Hoge Fenton Jones & Appel, released the following statement today regarding California Attorney General Jerry Brown’s announcement regarding the De Anza Rape Case: Following the Attorney General’s confirmation of the District Attorney’s decision not to file criminal charges in the De Anza Rape Case, there have been many requests for the victim’s reaction to that decision.

As her attorneys in the civil lawsuit, we believe the public is sensitive to the fact that it is our intention to protect our client’s privacy and to maximize the opportunity for the successful prosecution of the defendants in this matter.

We are aware that the public has been waiting for fourteen months for answers and that the Attorney General reported that many of the men questioned during the criminal investigation refused to talk; however, the facts surrounding the event will be developed and made public during the course of civil legal proceedings.

While we are disappointed with the decisions not to criminally prosecute, we do agree with Santa Clara County Sheriff Laurie Smith’s statement that a crime had occurred and with state officials’ characterization of what happened on March 3, 2007, as reprehensible.

The Attorney General’s decision has eliminated an element of uncertainty as to when and how we will be proceeding and will give the victim much greater control in moving forward with her civil case which will bring out the truth; assure that parties are held responsible; and put others on notice that their wrongdoing has serious consequences.

We remain convinced that how these men acted is wrong, morally and legally. Our client is committed to pursuing her civil remedies, in large part to send a needed message that behavior such as these young men displayed is completely unacceptable and will not be tolerated.

About Hoge, Fenton, Jones & Appel Hoge, Fenton, Jones & Appel, Inc., is a San Jose, California-based law firm.

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