Woman who accused ex-Pa. lawmaker of rape ‘credible,’ but no charges will be brought, DA says

HARRISBURG — Dauphin County District Attorney Fran Chardo on Monday said that he believed a woman who accused a onetime Pennsylvania legislator of rape was “credible,” but that it was not in the public interest to prosecute.

Chardo, whose office investigated the sexual assault allegations against former State Rep. Brian Ellis (R., Butler), said at a news conference that a grand jury recommended no criminal charges, but suggested ways to strengthen the legislature’s policies on investigating sexual misconduct.

The facts in the case suggest that a crime occurred, Chardo said. Still, he said, there were complications to the case, including the woman’s inability to recall what happened the night of the alleged assault — she has said she believes she was drugged, which resulted in memory loss — as well as Ellis’ decision to invoke his right not to testify before the grand jury.

“That does not mean there was not a crime,” Chardo said of his decision not to prosecute.

In a statement, Ellis’ lawyer, Erik R. Anderson of Scranton-based Myers, Brier & Kelly, called the outcome “proper and just.”

“It has always been our position that a careful and thorough investigation by the Dauphin County District Attorney’s Office would lead to the very conclusion recommended by the grand jury and adopted by the district attorney today — that Mr. Ellis not be charged with any criminal offense,” Anderson said.

The woman, a state employee, said last week that she had no doubt that she was raped, and that she believes the grand jury’s decision was driven by the testimony of a critical witness, a onetime friend who was with her the night of the alleged assault. The friend, identified in the grand jury report only as a female lobbyist, either said she did not remember key details or gave inconsistent testimony.

The accuser said she feels betrayed. She shared a string of text messages, including one from last year, in which the lobbyist stated that although Ellis had "voiced concerns about you coming forward,” he was contemplating a run for legislative leadership.

“This whole experience has changed me fundamentally as a human being,” the accuser said in an interview Monday. “It’s not just what happened to me, it’s the whole process.”

Chardo commended the state employee’s courage, saying “she put herself out there because she thought it was the right thing to do.” Because of her decision to come forward, he said, the grand jury recommended improvements in the legislature’s policies on sexual misconduct.

Among the recommendations is creating an Office of Legislative Responsibility, which would have the authority to investigate any claim of misconduct by a lawmaker or employee of the legislature if it is connected to their official duties.

The office, the grand jurors said, should have subpoena power and should also be independent.

“The office should have a qualified staff and be allowed to conduct confidential inquiries free from interference by leadership, members, or staff of the General Assembly or executive branch,” they wrote in the report.

In statements, Republicans, who control the legislature, said there is a bill in the pipeline that recommends changes similar to those put forth by the grand jury. But they also said they believe many of their current guidelines for reviewing misconduct allegations ensure complaints are taken seriously and handled with care.

The grand jury cited a report by the Institute to Address Commercial Sexual Exploitation at Villanova University, which called the legislature’s policies and procedures “cumbersome, obscure, insufficient and impractical.”

Chief among the institute’s findings was the “lack of transparency and clarity in existing policies and procedures.” In compiling the report, the institute obtained a copy of the employee handbook for House Democrats, but noted it could not get similar documents from House Republicans or both party caucuses in the Senate.

The institute’s director, Shea Rhodes, on Monday noted that the Senate’s operating and ethical rules do not include the words sex, sexual misconduct, sexual harassment, sexual assault, or even harassment.

Ellis resigned earlier this year, shortly after Chardo launched a criminal investigation.

His accuser has alleged that she was assaulted in October 2015 in Ellis’ Harrisburg apartment. Earlier that evening, she said, she had been out with her friend at a restaurant and bar. There, she said, she had fewer than two drinks and then suffered a near-total memory loss for 12 hours.

She said she woke up the next morning in Ellis’ bed, disoriented and in pain. Ellis told her that the two had had sex. She said he had pursued her sexually before that night and that she had made it clear that she had no interest in him.