A Pennington County prosecutor says she did something Wednesday she's never done before -- requested the case be dismissed in the middle of the alleged victim's testimony.

Two men, 51–year–old Armand Clair and 38–year–old Antonio Simmons, were on trial, each facing a count of second degree rape and an alternative count of third degree rape.

Deputy state's attorney Tracey Decker says the alleged victim was scared and seemed to be intimidated by the courtroom environment.  Decker says she wasn't remembering things she'd told prosecutors earlier about the January 2009 incident at one point even saying one of the defendants didn't do anything to her.

Decker says all charges against Clair and Simmons were dismissed, and they cannot be tried for the same crime again.

Julie Oberlander