A rape charge against a Penn Township man held in jail for 180 days was dismissed in York County court on Wednesday because a provable case just wasn't there, said senior prosecutor Amy Eyster, the head of the district attorney's special case unit.

"This was a situation where, if we went to trial, we would not have had the evidence to convict," Eyster said.

Gbenga Olojugba, 23, was arrested on Oct. 9, 2011 and held in lieu of $100,000 bail pending trial. That trial never came.

He was accused of raping a woman in the bathroom of his home. The woman told police she told Olojugba "no" and tried to resist.

The woman's friend, Olojugba's ex-girlfriend, according to Eyster, told police she heard the assault and the woman's protests.

In April 2012, having not come to trial within the mandatory 180 days, Olojugba was released from custody on a nominal $1 bail.

In July, the district attorney's office filed a motion to dismiss the charges, telling Judge Craig T. Trebilcock that an eyewitness account did not substantiate the allegations and with a lack of corroborative evidence "the commonwealth feels it would be unable to prove the case beyond a reasonable doubt."

The woman had received a sexual assault examination but there was no evidence to help the prosecution, Eyster said.

The arresting officer also supported the request for dismissal of the charge and the alleged victim had been advised of the request, according to the motion.


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Trebilcock denied the request, telling the prosecution, "I don't have enough here to (dismiss) it at this point.

"If you can give me more, you know, I don't want to see this defendant put through anything if we have a weak case, but so far, all I have is a lousy eyewitness and a victim who is saying 'I was raped.'

"She should have her day in court. It is denied at this time."

The case was not called for trial in the next five months.

"There continued to be credibility issues with the victim and witnesses," Eyster said.

In January, Olojugba's attorney filed a motion to dismiss, noting more than 450 days had passed since the charge was filed.

Wednesday, Trebilcock granted the motion.

"We just didn't have sufficient evidence to get it to trial," Eyster said.