Prosecutors have elected to drop rape and kidnapping charges against all four members of the Polish death metal band Decapitated, ensuring their eventual return to their home country of Poland after months of detainment in the United States.

The band made the following statement on their Facebook account:

All charges against Decapitated have formally been dropped. Arrested September 8 in Santa Ana whilst on tour, the members of the band were jailed until December where they were released on their own recognizance.

New evidence arose that helped show that the band was innocent. While a trial would have given the band the opportunity to have all this evidence heard, the band welcome the decision and are excited to return back to their homes in Poland.

The members of Decapitated - Wacław, Rafal, Michał and Hubert - send a sincere and heartfelt thanks to all who supported them during this difficult time, including fans, friends, and family.

According to the The Spokane Review article just 11 days before their Jan. 16 trial date, Spokane County prosecutor Kelly Fitzgerald filed a motion dropping all rape and kidnapping charges without prejudice, meaning the four men could be prosecuted in the future. The motion cites "the well being of the victim" and "in the interest of justice" as a reason for dismissal.

The band's attorneys said news of the dismissal was surreal, but expected. Steve Graham, representing Kieltyka, said that, while he can only speak for his client, "everyone is relieved and they're looking to get back home."

Jeffry Finer, attorney for Piotrowsk, said the accuser was heavily involved in the decision to drop charges. He said attorneys were confident prosecution would drop charges once they had all of the evidence from defense witnesses, which included scores of concert goers. "A close review of the evidence is all it took," he said. "We are not criticizing the county for moving slow. It just took a long time to get all of the evidence, all of the witnesses, and there were so many witnesses."

Attorneys for the four accused have consistently argued their client's innocence. While he wouldn't divulge the state's reasoning for dropping the charges, Graham said Spokane police officers may have been misinformed on what happens at metal shows that could explain the woman's bruising.

"We subpoenaed the list of concert attendees and found numerous people who say that she was in the front row of the mosh pit and was climbing up on stage, and getting jostled about as much as anyone else there," he said. "There's no question from our perspective that the case against these four guys was falling apart."

A representative from the Spokane County Prosecutor's Office was not immediately available.

Source:	facebook.com
Band profile:	Decapitated