Police say without Jamey, no charges possible

AMHERST, N.Y. (WIVB) - Police acknowledge events leading to the suicide of Jamey Rodemeyer are tragic, but they say the evidence just isn't there for criminal charges.

Statements from Jamey's classmates and information on his social networking sites prove he was bullied. But to put together a criminal case, detectives really needed to hear from the one person who can't speak about this case: Jamey himself.

After a thorough investigation, Amherst Police have come to the conclusion that Jamey Rodemeyer was bullied in the weeks before he took his own life. Jamey's classmates described five incidents of verbal harassment at Williamsville North High School this fall, and detectives read messages people left on Jamey's social networking accounts, saying things such as "homosexuality is disgusting" and "why don't you just kill yourself?"

Though his tormentors may never face prosecution, Jamey's death has put a face on the growing bullying issue across the country:

>> Pop star Lady Gaga stood up against bullying, encouraging her legions of fans to take a stand with her

>> Actor Zachary Quinto gained the courage to come out as gay, in part, to ensure that he can help pave the way to equality for homosexuals

>> Talk show host Anderson Cooper held a special on bullying, helping to shine a spotlight on an issue that does not seem to be getting smaller

>> Though they lost their son, the Rodemeyers have been public and vocal in their pain, bringing the national media to focus on bullying

But the way New York State law is written, harassment charges can't be filed without testimony from Jamey himself, to corroborate the other evidence.

Amherst Police Chief John Askey said, "We don't have a statement from Jamey. He's not part of the prosecution. And that's a huge element of proof that's missing from this case."

Another legal problem is the age of the bullies - the three students involved in the incidents at Williamsville North are all under 16.

"Juveniles are held accountable, criminally, for things like murder or first-degree robbery and certain other crimes," explained Chief Askey. "They're very seldom held criminally responsible for acts involving harassment or aggravated harassment or things of this nature."

Chief Askey admits, it's not the outcome he personally would've hoped for. He believes, however, that what happened to Jamey has created a greater social stigma against those who "bully."

"The fact that it can't be prosecuted shouldn't be the measuring stick that we have here. I think people know that it's inappropriate, know that it's not acceptable. But for the lack of the proof, somebody would be going to court with this, and be held accountable in the courts," Chief Askey told reporters.

If, at some point in the future, new evidence comes to light, it's possible police could re-open Jamey Rodemeyer's case. Right now though, there's simply nowhere else for this investigation to go.