A homeless man jailed for four months on a rape charge has been released and the case dismissed because the St. Paul woman who made the allegation has "medical limitations" and is unable to testify, according to court records.
Luke M. Johnson, 23, of Billings, Mont., had been charged in Ramsey County District Court with first-degree criminal sexual conduct in connection with what the 24-year-old woman said occurred in her home in late March.
More than four months later, Assistant County Attorney Tanya O'Brien said in a court filing that "due to medical limitations, the state's material witness, the victim ... is not able to testify." Johnson's trial had been scheduled to start last week.
O'Brien did not disclose specifics about the limitations, however, she did caution that her office retains the right to "re-charge this matter if/when the victim's condition changes."
Johnson had been kept in jail since March 31 in lieu of $75,000 bail. He was set free on July 31 on his own recognizance.
Paul Walsh • 612-673-4482
