By Associated Press, 06/21/01

ATTLEBORO -- Charges could be dropped against a defendant arrested at a downtown sadomasochist sex party after a judge threw out much of the evidence, prosecutors said.

Stefany Reed, 39, of New York City, and Benjamin Davis, 24, of Hudson, N.H., were arrested after the party last July. But prosecutors may no longer have a case against Reed, according to Bristol County Assistant District Attorney Roger Ferris.

Reed was charged with assault after she was accused of paddling the buttocks of another woman who was strapped to a table during the party. Police said that according to state law, a person cannot consent to being assaulted, even for sexual pleasure.

But Attleboro District Court Judge Francis T. Crimmins Jr. on Tuesday threw out evidence police obtained after Davis was arrested in a hallway outside the party. Lawyers for Davis had argued that police didn't have the right to enter the premises Davis had rented, and did not read Davis and Reed their rights before questioning them.

Crimmins' decision leaves police with no evidence in the Reed case except any statements made by the alleged victim, Ferris said. The alleged victim has refused to cooperate, he said.

"Her reluctance or refusal to cooperate or testify would make it impossible to prosecute on that matter," Ferris told the Sun Chronicle of Attleboro.

Ferris said prosecutors still have a viable case against Davis on charges of assaulting a police officer and running a house of prostitution or ill repute.

Reed and Davis have pleaded innocent.

About 40 people attended the party. Police seized whips, riding crops, ropes, leather belts, steel hooks, condoms and other adult objects at the party, according to court records.

The case, dubbed "Paddleboro," has outraged advocates for sexual freedom. The Paddleboro Defense League was formed after the bust to raise funds to pay for Davis' legal bills.