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CHARGES WITHDRAWN IN NIGHTCLUB ASSAULT March 5, 2008 Evidence developed in the course of a Suffolk County Grand Jury investigation has led prosecutors to withdraw rape charges against a Woburn man arrested at a downtown nightclub earlier this year. Suffolk prosecutors today filed a Nolle Prosequi – a legal document terminating prosecution – at a probable cause hearing today for NICHOLAS CHIARALUCE, 21 (D.O.B. 9/10/86). That hearing was the first scheduled Boston Municipal Court date to follow Chiaraluce’s Jan. 23 arraignment on a rape charge arising out of an incident four days earlier at FELT in downtown Boston. In the course of the Grand Jury investigation that followed, prosecutors obtained the sworn testimony of individuals present in the club and its men’s room during the early morning hours of Jan. 19, including individuals with no connection to the 21-year-old victim or the defendant. In light of that testimony, and after a review of all relevant Massachusetts law, prosecutors determined would not be able to meet their burden of proving the charges beyond a reasonable doubt. Chiaraluce posted bail shortly after his arrest and has been at liberty since then.
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