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D.A. Won't File In Case Involving De Anza Athletes

Publication Date: 
May 22, 2007
San Francisco Chronicle
John Coté

Professor Barbara Babcock and Professor Robert Weisberg were quoted in a San Francisco Chronicle article about the Santa Clara County prosecutors' decision not to file charges in a case involving De Anza College athletes:

"This is the way the system is supposed to work," said Barbara Babcock, an expert in criminal procedure and professor emeritus at Stanford Law School. "One of the main things about a grand jury is it's secret, with a real chance to get to see whether the charges would stand up."

Robert Weisberg, a law professor who heads the Stanford Criminal Justice Center, said cases involving allegations of rape or sex with a minor can present a host of problems for prosecutors, including whether the participants were intoxicated, whether there was consent and whether it could be shown in court that the suspects knew the alleged victim's age.

Santa Clara County prosecutors aggressively charge rape cases, but "this case just seems to have reasonable doubt written all over it," Weisberg said.