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Defendant In Alleged Daycare Molestation Will Not Face Charges

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NORTH MIAMI (CBSMiami) – There are new developments in what was initially a disturbing case of alleged child abuse at what police called an unlicensed daycare facility in North Miami.

Twenty-three-year-old Clenol Jean had been charged with sex battery of a minor by an adult after police said a 4-year-old girl claimed he molested her five times at a daycare run by his grandmother at NE 15th Ave. and 142nd St.

A police report said the child had been going to daycare at the home for a year starting in February of 2015. The report said the child's mother contacted police in March after noticing a rash in her daughter's genital area. Jean was arrested on April 21st.

The police report stated the child said repeatedly that she had been molested in Jean's room and other parts of the house, and even used her hands to demonstrate what had happened to her. The report said Jean admitted to playing with the child but denied touching her in a sexual manner.

The report said Jean told the child to not say anything to anyone about what had happened to her.

As supporters packed a hallway at the Metro Justice Building and filled a courtroom, Jean heard a Circuit Judge say, "The state has decided not to file charges. You are free to go."

With that, Jean walked out of the courtroom and his supporters raised their hands as they said a prayer.

"I just want to thank God for giving us true justice," Jean told CBS4's Peter D'Oench. "I want to thank my attorney Larry Handfield for doing a good job and there was true justice and it feels good to be vindicated."

"Honestly to tell you the truth my spirit was always low but my spirit was never shaken. I have a strong belief in God," he said. "I believe in true justice. He knew he was going to deliver me through that experience."

"I am not going to try to get my job back," he said. "I teach. And I also want to work on my music. I want to see the music through."

Attorney Handfield expresses a series of concerns.

"This was a perfect example of a rush to judgement," he said. "Mr. Jean was arrested on five counts of sex battery on a minor. He lost his job. The state investigated quickly. I thank them for doing an outstanding job. He was innocent. He should have never been arrested in the first place. I thank God for an imperfect system to correct the unjust situation that took place."

"You can't unring the bell," Handfield told D'Oench. "He spent 8 days in jail without bond. And he lost his job. He has received a great deal of support from all of these people who have shown up including his pastor."

"This should not happen to anyone in the community," said Handfield.

"There was never any medical evidence to suggest that he had anything to do with this and that is alarming," said Handfield. "In these cases with someone as young as 4 years old you want to make sure there is evidence to corroborate the allegations."

Handfield said the home was never a daycare facility. He said there was babysitting of a few children.

Handfield said he was considering a lawsuit against the police officer who arrested Jean.

A North Miami police spokeswoman told CBS4 that police stand by the arrest in this case.

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