Two southern tier teenagers are free

SALAMANCA, N.Y. (WIVB) - Two southern tier teenagers are free after a grand jury elected not to indict them on rape charges.

The Cattaraugus County grand jury voted what's called a "no bill" in the case against Joshua Kinder and Shane Gogel. That means the grand jury determined there wasn't proof the crime was committed.

Now one of the former suspects is speaking out about his experience with the legal system.

The young men were accused of raping an 18-year-old woman during a party back in December.

They were interviewed and jailed the day after the alleged incident.

Kinder's lawyer and uncle say that an assistant district attorney kept vital evidence from a grand jury about a witness who testified during the investigation.

Since then that assistant district attorney has left the Cattaraugus County district attorney's office. Now that he's free, Kinder has to move on and try to put his life back together.

Kinder's uncle Stephen Rawlings said, "I was very concerned because to me, it gave the impression that due to some technicality that two rapists were walking the street. I wanted to make it clear, that they were released and not due to some technicality but because of a willful act by the prosecutor and the detective to keep exonerating evidence from the grand jury."

Kinder said, "Yeah, I spent my birthday in jail, my Christmas, even my best friend's birthday, he spent in jail with me and, yeah, just glad we got out."

Kinder is 18 now and free. A judge had tossed out the original charges back in June, and the district attorney's office resubmitted them. That's when the grand jury returned the "no bill" to the court.

****

A second grand jury is now hearing evidence in a rape case against a southern tier teen.

A Cattaraugus County judge dropped charges against Josh Kinder in June after finding that an assistant district attorney failed to present evidence that may have cleared Kinder with the first grand jury.

He's accused of raping a minor at a party last year.

****

Rape charges against two southern tier teenagers have been dropped.

Citing wrongdoing by the prosecutor, a judge exonerated Joshua Kinder and Shane Gogel Tuesday.

The teens had been behind bars since late last year, charged with raping a minor at a drinking party.