Man accused of rape free, with conditions

A Brockton Superior Court judge yesterday released a 19-year-old Marshfield Fair carnival worker accused of raping two girls last weekend, prosecutors and defense lawyers said.

The decision comes a day after prosecutors dropped four of the eight charges against Jeffrey D. Witham of Oxford, Maine, who was being held on $150,000 bail on charges of raping and kidnapping the girls, ages 13 and 14. He remains accused of statutory rape against the older girl and forcefully raping the younger girl.

"We're all very happy that he's been released and that he's free to go home," said Kate Iaccarino, Witham's lawyer. "Today is his 19th birthday. This is a pretty good birthday present."

Witham's release comes after the older girl recanted and said she consented to having sex with Witham. Prosecutors said the younger girl told investigators that, contrary to her previous account, she was not chased, bitten, or kidnapped by Witham. But the younger girl still says that Witham raped her.

The alleged victims initially told police that they had recently met Witham, a newly hired ticket collector on the carnival's Arctic Blast ride, and that they had spoken to him on their cellphones before he went to one of their homes on Sunday, according to court records.

They said he arrived at the home when they were alone, entered their living room, and proceeded to rape them. They told police they tried to escape and he chased them, biting one of them and dragging her through the woods.

The judge ordered Witham's release on condition he stay away from the girls and other witnesses, not approach children under age 16, and report to a probation officer every week by phone and every month in person.

If he fails to meet the conditions, he would have to post $50,000 bail.

Witham must return to court for a probable cause hearing on Sept. 18.