MIAMI (CBSMiami.com) – The attorneys for a South Florida man who was accused of molesting a seven-year-old girl and later not prosecuted by the state issued a statement Saturday.
Robert N. Pelier and Glenn Goldstein, attorneys of Julius Dupree of Homestead, said: “Justice has been done. The prosecution has determined that they cannot proceed in good faith against our client. This sheds light on the lies and false witness concocted by this person who despite receiving nothing but love and nurturing from our client and his family, has used her child as a pawn for financial gain and the malicious destruction of our client and family; pillars of our community.”
The Miami-Dade County State Attorney’s Office announced Friday that Dupree, who was arrested on molestation charges earlier this year, would not be prosecuted at the present time because the charges couldn’t be proven beyond a reasonable doubt.
The State Attorney’s Office said that when the victim was forensically interviewed, the victim “only reluctantly provided details about the alleged incidents.” The SAO also said there was no physical evidence; and no DNA available when an examination was performed on May 13, since the last alleged incident occurred in March 2011.
According to the SAO, the victim’s mother had been fired from a job at the daycare center owned by Dupree’s wife. The wife “would testify that the victim’s mother had been terminated from employment because of the victim’s mothers own legal issues.”
The SAO also said that when the victim’s mother was terminated, her boyfriend broke up with her after he found out about her criminal past. The state attorney’s office also pointed out that the victim’s mother had told detectives that she was still employed by the defendant’s family.
All of that pointed to credibility problems for the mother and that “a skilled defense attorney would use these witnesses to try to convince a jury that the victim’s mother had motive to persuade her daughter to fabricate the allegations in retribution for ‘ruining her life,’” the state attorney’s office said.
The SAO also pointed to an incident that it described as “perplexing” regarding the victim’s mother. According to the state attorney’s office, the victim’s mom said she had a recording of a call from the defendant that told her “something to the effect of ‘the voodoo made me do it,’ or ‘it didn’t happen.’”
When investigators asked for the recording, the victim’s mother told investigators that it had been erased and was subsequently unable to provide it, according to the state attorney’s office.
After the news, Dupree’s attorneys said, “We are extremely satisfied with the professionalism, fairness and scrutiny that the State attorney’s office afforded these scurillous allegations in arriving at the truth. Allegations such as these are extremely grave and pose irreversible consequences.”
They also said that an apology would be appropriate to Dupree.
“This alleged complainant should apologize to our client, her child and the community at large for her abhorrent behavior,” the statement said.
The state did note in their announcement that while it has decided not to move forward with charges at this time, it would continue to investigate the incident and if any additional evidence is discovered that could support charges, the state will revisit its decision.