Another man walked out of court free of charges today because the key witness – in this case the victim – could not be found. On October third, 2008, Frederick “Diggy-Dap” Lynch was shot on Tibruce Street allegedly by Jervis Valencia who was walking from Mango Street. Lynch gave a statement saying that Valencia put on a Halloween mask then took a firearm and began shooting at him. Lynch was shot four times, in both his legs and on his hand. Today the matter went to trial before Justice Herbert Lord. But the prosecutor explained that the case cannot proceed because Lynch could not be found. A nolle pros was entered and Valencia was declared free to go.
And three more men walked out of court cleared of charges today after another
nolle pros. This was because the victim of a brutal sexual assault did not want to testify. It happened in July of 2008 when the victim, at the time a 15 year old high school student was allegedly gang raped by three men. She told police that she went to a house where she had sex with 30 year old Giovanni Nose Louriano who she knew. She claimed that she was then forced to have sex with his friend, 32 year old Marlon Lippo Harris. After that she claims that 23 year old Alex Lyons attempted to have sex with her, and when she resisted, she claims he threw her against a wall.
At the time, Louriano and Harris were charged with carnal knowledge and Lyons with aggravated assault. But today in court, with no complainant, the DPP’s office withdrew the charge. The trio was un-defended. Only Harris and Lyons walked out of court free as Louriano is remanded on a firearm charge.
