For 17-year-old Amanda Banducci, coming to the Santa Clara County District Attorney's Office on Thursday was about supporting a friend.
"I really wanted to be here for her," she said.
Amanda played softball with the 17-year-old high school student who sheriff's investigators said was sexually assaulted at a party when she was too drunk to consent.
And so it was - in a way - for all of the dozen or so people who stood in the sun during the lunch hour in a quiet protest over District Attorney Dolores Carr's decision to not press charges in the reported gang rape at a De Anza College baseball player's birthday party March 3.
"The decision sent a chilling message to rape victims in Santa Clara County," said Clark Williams, a San Jose resident who works with crime victims.
About the alleged victim, Williams said: "I believe her. I want to make sure that message is sent. We believe her. I hope she can hear us."
The rape allegations sparked a fire storm, grabbing headlines for months as eight players were suspended from the baseball team and three were brought before a criminal grand jury to testify. The Santa Clara County Sheriff's Department interviewed more than 40 partygoers and took DNA samples from as many as 10.
Carr, whose office announced the decision not to move forward with the case Monday, faced a backlash as people like those gathered in front of her office demanded to know why charges won't be filed
in the case. Members of her office will discuss the reasons behind that decision with sheriff's investigators today.
Impact weighed
Carr told the Mercury News on Wednesday that the decision to not file charges was more complicated than it might appear from media reports. "I have to evaluate evidence based on the law," she said.
Assistant District Attorney David Tomkins said the last thing his office wanted to do is discourage crime victims from speaking out.
"Of course we feel crime victims should come forward," he said.
But a rape crisis director said she's worried about the impact the De Anza case might have on victims of sexual assault.
"We got a call from a young woman who wanted to connect, but had not filed a police report," said Sandy Davis, director of the YWCA Rape Crisis Center. "Her comment, was `I don't know that I want to bother given the De Anza case.'"
Williams, a social worker who worked with victims of sex crimes for a district attorney's office in New York, said Carr's office missed an opportunity to shed light on the reasons behind their decision.
"This is exactly why so many victims of crime don't come forward," he said.
For Amanda Banducci's mother, Allyson Banducci, the case was intensely personal. When she heard that no charges would be filed, she cried.
`This is not OK'
"We tell our daughters to be careful when they go out," she said. "This is what we have to tell our children. This is a horrible thing. This is not OK. What happened that night is not OK."
Amanda said her mother first hid the news from her, telling her that a friend of her former teammate was sexually assaulted at a rowdy party in San Jose's Burbank neighborhood. When she learned the truth, Amanda said it hit her in waves.
"It was shocking," she said. "It took me a long time to really understand it."
She said she sent a card to her friend, but added that she felt powerless.
"I don't know what I can do. I don't know how I can help," she said.
This is from the Mercury News...5/25/07