Thursday, they issued a news release about the arrest, noting

Prosecutors decline to charge San Jose teacher in lewd act case

PUBLISHED: May 24, 2018 at 5:02 pm UPDATED: May 25, 2018 at 4:43 pmSAN JOSE Citing insufficient evidence, Santa Clara County prosecutors announced Friday that they will not file charges againsta kindergarten teacher at Dahl Elementary School who was arrested two days ago on suspicion of inappropriately touching a 9 year old female student.The decision came less than a day after San Jose police issued a news release detailing the arrest.It is not unheard of for prosecutors to decline to file charges after reviewing evidence presented by Cheap Moncler jackets police after a suspect has monlcer down jackets been arrested. However, such decisions typically fly under the cheap moncler jackets radar because most arrests are not publicly announced before prosecutors thoroughly review the file or consult with officers.In this case, San Jose detectives assigned to the child exploitation unit reacted immediately Wednesday when they received a complaint that the girl had been touched below the waist while fully clothed. buy moncler jackets The alleged incident occurred earlier this month. Wednesday, they had arrested Eduard Frerking, 61, of Sunnyvale, at the school. Thursday, they issued a news release about the arrest, noting that he had been booked into Santa Clara County jail on a charge of a lewd act with a minor.But by late Friday morning, Sean Webby, a spokesman for the district attorney office, said that cheap moncler outlet on the evidence that we have reviewed, we rejected the case because of insufficient moncler sale outlet evidence.Start your day cheap moncler with moncler sale the news you need from the Bay Area and beyond.Sign up for our new Morning Report weekday newsletter.He added that if new evidence surfaces, prosecutors would review that as well. San Jose police declined to comment, citing a policy that bars them from talking about a case once it goes to the District Attorney Office. Friday, Frerking was still behind bars, but his release was in the works. He could not be reached for comment.Sources moncler outlet sale familiar with the investigation contend that police reacted appropriately in arresting the teacher. The standard for an arrest is probable cause, or a reasonable suspicion that a crime has occurred, lower than the beyond a reasonable doubt that prosecutors must eventually meet. It often is important to police in child molestation cases to put the word out about the allegations out of concern there may be multiple victims. Typically, that comes after the file has been thoroughly reviewed by the District Attorney Office.Before the news release was issued, the girl was interviewed and found credible, sources said. The girl also told police that she had run out of the teacher classroom in obvious distress. To back up her account, she said she been seen by a friend and by a teacher, with whom she had briefly interacted. But it turned out the two were not able to corroborate the girl account.It is unclear whether those interviews took place before or after the police issued the news release Thursday.The lack of corroboration made it impossible for the District Attorney Office to file charges, as must occur within 48 hours of an arrest, sources said. He said/she said sex cases can be cheap moncler coats hard to prove and often rely heavily on circumstantial evidence, including corroboration of what happened after the actual incident.Officials moncler mens jackets at the Franklin McKinley School District said Thursday that they had been instructed by police not to comment on the the fact that there is an ongoing investigation, the San Jose Police Department has instructed moncler outlet online our district not to disclose information with the public out of concern that doing so would jeopardize the investigation, district spokeswoman Yelitza Pea said.She added that while it is not moncler outlet store the district practice to withhold information from parents, they it appropriate to honor the request of the San Jose Police Department. She covers courts and has been in love with reporting for the past 30 years, including eight at the Los Angeles Times where she was part of a group that won a breaking news Pulitzer for coverage of the 1994 Northridge cheap moncler sale quake. Recently, she and two moncler outlet fellow reporters won first place for enterprise reporting from the California Newspaper Publishers Association. Talking to people including activists, public defenders, prosecutors, academics and inmates about the strengths and troubling weaknesses of the criminal justice system fascinates her, as does swimming laps as often as she can.

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