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The Honolulu Advertiser
Posted on: Monday, November 28, 2005

No charges in assault of 11-year-old girl, police said

Advertiser Staff

Five boys arrested in connection with the alleged sex assault of an 11-year-old girl at Beretania Community Park have not been charged, contrary to an earlier police statement, police said today.

The boys, all of whom are between 11 and 15 years old, are being held at the juvenile detention facility on Alder Street.

"They have not been formally charged," police spokesman Capt. Frank Fujii said today. The boys remain in custody, and the case remains open, Fujii said.

The five could face charges of sex assault and kidnapping, but no charges have been filed, police said.

The victim was allegedly attacked at the park about 7:45 Tuesday night as she was walking home from a school function. A companion of the victim was not harmed.

One boy is 15, one is 14, two are 13 and one is 11. Police arrested four of the boys at their homes about 6:30 a.m. Saturday. The fifth suspect turned himself in about two hours later.

The boys are all juveniles, but it is possible that prosecutors could seek to have Family Court waive its jurisdiction over the 15-year-old, which would allow authorities to try him as an adult.

City Prosecutor Peter Carlisle indicated Saturday the boys who are 13 or 14 likely would be treated as alleged "law violators" in Family Court. The 11-year-old could be treated as a "person in need of supervision," Carlisle said.