August 29, 1995 in City

Rape Charge Against Father Dismissed

Associated Press

A rape charge against a Spanaway man was dismissed Monday because his 15-year-old daughter refused to testify against him.

The girl had been held in juvenile detention or under house arrest for more than two weeks, refusing six separate times to testify.

She was called for a seventh time to testify Monday in Pierce County Superior Court. Once again she refused, and the case was dismissed by Judge Thomas Felnagle.

“I think that it is not wise to continue the matter further,” Fenagle said after meeting with the girl privately. He did not indicate what was said in their meeting.

The girl originally said two months ago that she had been raped by her father, but changed her story last month.

Her father’s lawyer said she made up the story because she didn’t want to move with the family to Idaho.

At one time prosecutors also had a confession from the father, but the judge ruled it could not be used because it was not clear whether he had been advised of his rights.

© Copyright 1995 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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