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Montco DA Admits Erring in Rape Case Against GOP Leader Robert Kerns

By Brad Segall

NORRISTOWN, Pa. (CBS) -- Prosecutors have dropped their sexual assault case against the former head of the Montgomery County Republican Party, who had been accused of drugging and raping a former co-worker after a company party last October.

Robert Kerns had been facing seven felonies including rape of an unconscious person and drug possession with intent to deliver (see previous story).

But those charges have now been dropped, prosecutors admitting that their office misinterpreted a toxicology report they thought indicated there was the sleep drug Ambien in the alleged victim's system.

That inaccurate information was given to a grand jury that recommended the charges.

"This has been a horrible ordeal for him and his family," defense attorney Brian McMonagle said today. "It has been a long journey, and I'm just relieved that the interest of justice was served here."

However, the journey for Kearns may not be over. The DA's office referred the case to the state attorney general, which will decide whether to refile any of the charges.

Montgomery County DA Risa Ferman says steps are being taken in her office to make sure something like this never happens again.

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