Hamilton County: Rape charges from 2007 case may be dropped

A rape case in which two young men are accused of sexually assaulting a mentally disabled woman likely will be dropped because of a lack of evidence and the alleged victim’s failure to cooperate, defense attorneys have stated.

“I anticipate the case (against Justin Lynn Conner and Matthew Gregory Scott) will be dismissed” on April 17, defense attorney Mike Little said Wednesday after a court hearing to discuss the status of the case.

The woman, who was 18 at the time, gave graphic details at a preliminary hearing shortly after the June 20, 2007, alleged incident, telling a Hamilton County General Sessions Court judge that the two defendants took her swimming at the “blue hole” in Soddy-Daisy and then took turns raping her.

“I was crying, telling them to stop,” the woman testified during the 2007 hearing. She also said she is mentally disabled and suffers from fetal alcohol syndrome.

But once the grand jury indicted the pair and the case went to criminal court, Judge Barry Steelman lowered their $300,000 bonds, stating, “It does not appear to be a particularly strong case for the state.”

The hearing Wednesday seemed to confirm that opinion, after which Mr. Little, who represents Mr. Scott, said Assistant District Attorney Neal Pinkston indicated to the court that he is unable to prosecute the case.

“Mr. Pinkston said he wanted to give the courtesy of trying to locate (the alleged victim) first to tell her the case is off,” Mr. Little said.

He declined to give details of evidence that apparently exonerates the pair in addition to the alleged victim’s lack of cooperation. Mr. Little said the defendants always have maintained that their sexual intercourse with the woman was consensual.

Mr. Pinkston declined comment on the case, saying only that the April 17 date will be another “status” hearing.

“Anything could happen,” he said, adding investigators still are looking into the case.