DNA clears man accused of raping 4-year-old girl

By Rod Leveque, Staff Writer

RANCHO CUCAMONGA -- A man accused of raping a 4-year-old girl could be released from jail as soon as tonight thanks to DNA evidence suggesting he is innocent., Christopher Hamilton Fitzsimmons has been behind bars for seven months awaiting trial. Prosecutors plan to dismiss charges against him today based upon preliminary test results that indicate DNA on the girl's clothing didn't come from Fitzsimmons. "This has been one of the most perplexing cases I've ever had," Deputy District Attorney Jason Anderson said. "Somebody molested that girl in a terrible way, and they're getting away with it."

Fitzsimmons, 26, could have faced life in prison if convicted as charged.

Fitzsimmons' attorney said the man was "relieved and excited" upon learning Wednesday charges would be dismissed.

"All in all, none of the evidence really supported the allegations," attorney Ken Schreiber said. "It was clinched by the DNA."

Upland police arrested Fitzsimmons June 19, shortly after he drove the little girl home from a friend's house.

The girl's mother sensed something was wrong, and when she asked the child if anything had happened, the girl said Fitzsimmons molested her, authorities said.

The girl was then taken to a doctor, who found injuries consistent with rape.

Upland police seized the girl's clothing. Her underwear, which appeared stained with semen, was sent to a crime lab for DNA testing.

Anderson said he was notified this week that preliminary DNA tests indicate Fitzsimmons was not responsible for the stain.

Anderson called Schreiber Wednesday and arranged for Fitzsimmons to be brought into West Valley Superior Court today for a hearing to dismiss the case.

"This case can no longer be proven beyond a reasonable doubt," the prosecutor said.

Schreiber praised Anderson for acting quickly once the DNA results were revealed, but he criticized authorities for not testing the evidence sooner.

"I don't fault them for arresting (Fitzsimmons)," Schreiber said. "The little girl made complaints that were specific. But the DNA took much too long to be evaluated."

Anderson said a six-month delay for DNA tests is normal because of backlogs at the labs.

Meanwhile, the mystery still remains as to who assaulted the girl.

Anderson said the evidence could be retested for accuracy, although the expense of the tests could preclude that.

There are currently no other suspects to test, he said.

Upland police Sgt. Alan Ansara said the department would not comment on the case because the DNA results were preliminary and detectives had not yet received the final reports.