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Charges Dropped Against Man Accused Of Molesting Child

MIAMI - (CBS4) - A North Miami Beach man being held on charges that he molested a little girl in a synagogue cried out "Thank God" in a Miami criminal court room Monday morning after the state agreed to drop the charges citing a lack of evidence.

Jacob Jurberg, 29, had been held without bond since being arrested on November 29, 2010.

Miami-Dade Police had alleged that Jurberg was attending a luncheon at Young Israel of Greater Miami in August when they said he lured the seven year old girl into an upstairs room and fondled her. But those charges were dropped Monday.

The State Attorneys Office released a close-out memo explaining that there wasn't enough evidence to prove Jurberg had committed the act.

"Although the police had probable cause to arrest the above-referenced defendant, there is insufficient evidence to prove beyond a reasonable doubt that the defendant sexually assaulted the victim in this case," according to the state attorney's office memo.

The memo also refers to the problems in the case that began when police mistakenly arrested the wrong man.

It also says that the "victim's father did not contact anyone immediately upon hearing this information; his religious beliefs precluded him making any telephone calls about this until sundown on the Sabbath.  Once he was able to use the telephone, however, he contacted the child's mother.  The victim's family, along with other members of the community, believed they knew the identity of the offender and sought to get a photograph of him in order to get verification from the victim whether he was the one who had assaulted her.  Ultimately, that person was determined not to have been the victim's assailant," the memo reads.

Jurberg invoked his right to remain silent and declined to take a polygraph test citing a "vertigo" condition, the memo states.

Those who know Jurberg had been surprised and appalled when the arrest became known.

"I never really had a problem with him so I wouldn't say anything bad about him. Now this is completely, now this flips the coin the other way completely," said a neighbor who did not want to be identified.

Jurberg was arrested at a Coral Gables office building November 29th.

"He's worked in security for six years and has been able to carry a concealed weapon," his lawyer told the judge. "He's had a permit since he was 21 years old which makes it what seven years old he's had a permit. No prior record, very religious goes to temple all the time in fact my understanding from the affidavit that this alleged offense occurred at the temple."

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