Judge dismisses case against Selena Gomez stalker

MTV Europe Music Awards host Selena Gomez poses for photographers at the MTV Europe Music Awards 2011 at the Odyssey Arena on Nov. 6, 2011, in Belfast, Northern Ireland.
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Singer Selena Gomez, seen here at The 53rd Annual Grammy Awards on Feb. 13, 2011.
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(CBS/AP) LOS ANGELES - The case against a man charged with stalking Selena Gomez was dismissed by a judge on Wednesday.

Thomas Brodnicki was freed after the judge said he did not believe prosecutors had shown he intended to cause the actress and singer to be afraid.

The 46-year-old Brodnicki was charged earlier this month with stalking Gomez between July and October.

Gomez was not present for Wednesday's preliminary hearing, during which a prosecutor tried to show there was probable cause for her stalker to stand trial. However, the 19-year-old actress wrote in a sworn declaration that she is in "extreme fear" of Brodnicki.

Brodnicki was being held on $150,000 bail after his arrest on Oct. 31. Mental health workers had called police, saying he had threatened to kill Gomez while on psychiatric hold. He has a history of mental illness.

District Attorney spokeswoman Sandi Gibbons said "we strenuously object" to the dismissal. She said the office is evaluating its options, which may include re-filing the case at another time.

Gomez has been granted a restraining order against Brodnicki requiring him to stay 100 yards away from her. A hearing is scheduled for November 23 to determine if that order will stay in place for the next three years.