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A Maui judge on Tuesday dismissed the case of a Maui Fire Department battalion chief accused of sexually assaulting a girl younger than 14.
Shawn Rogers, a 25-year MFD veteran, had pleaded not guilty to two counts of sexual assault of a minor.
His attorney, Brandon Segal, filed a motion to dismiss the indictment, alleging misconduct by the prosecutor who presented evidence to the grand jury in May.
Segal claimed grand jurors’ questions were interrupted and that the panel wasn’t allowed to call a witness waiting outside to testify.
Maui Circuit Judge Peter Cahill dismissed the indictment without prejudice, giving prosecutors 60 days to refile the charges.