A judge today ordered the release of an 11-year-old Swiss American boy accused of incest with his younger sister, dismissing the charges because the boy's right to a speedy trial was violated.
The boy will soon leave for Switzerland to join his parents, who left the United States with the alleged victim and their two other children after the boy's Aug. 30 arrest, a lawyer for the parents said.
The boy "is thrilled," said another of his lawyers, Darby Moses.
Jefferson County prosecutor Sergei Thomas said he doubts new charges will be filed.
The case had created an uproar in Europe. Swiss and German media championed the boy's cause, saying authorities overreacted by arresting him at night, making him spend six weeks in a juvenile detention center and shackling him in at least one court appearance. He was held without bond in the center until a magistrate ordered him moved to a foster home last month.
The boy was charged with aggravated incest and sexual assault on a child, and faced up to two years in juvenile detention if convicted. He pleaded not guilty Monday, and his lawyers filed a motion asking Jefferson County District Judge James Zimmerman to dismiss the case. The lawyers contend the child's trial should have started within 60 days of Sept. 8, when he was denied bail.
A neighbor in the Denver suburb of Evergreen, where the family lived, said she saw the boy sexually touching his 5-year-old sister in their yard. The boy and his parents said he had pulled down his sister's underwear to help her urinate.
CAPTION: Arnold Wegher, left, Darby Moses and Vincent Todd successfully argued that charges of incest should be dismissed against their 11-year-old client.