Rape Case Dropped following Samantha Kelly's Suicide

ROMULUS, Mich. - Emotions erupt outside a courtroom as a rape case is dismissed. The alleged teenage victim took her own life.

"It's sad it happened, but there's not much I can do," said Joe Tarnopolski. Click on the second video in the player of this story to see raw video of Tarnopolski leaving the courtroom.

That is all the 18-year-old was willing to say as he walked out of the courtroom. The sexual misconduct charge he was facing is now behind him because his accuser, 14-year-old Samantha Kelly, is now dead.

Click here for Taryn Asher's full interview with Tarnpolski >>

She committed suicide Monday night. However, her mother was not about to let him leave without hearing from her.  Play the video in the player of this story to view Alexis Wiley's report which includes June Justice's reaction to Tarnopolski leaving the courthouse.

"(It) should have never been dismissed. My daughter, who was forcibly made to have sex with an 18-year-old, and they won't do anything even after her death," said Justice.

That's something few can understand, so FOX 2 went back to Wayne County Prosecutor Kym Worthy's office for answers. They told us that while Samantha Kelly did give them a statement before she took her life, but it cannot be used in court because it's considered hearsay. Tarnopolski's statement cannot be used against him in court. Bottom line, the only thing that would have allowed prosecutors to make this case was Kelly.

For her mother, watching her daughter's case be dismissed is like losing her all over again.

"My daughter did not get any justice before this, and she (isn't) getting justice now," Justice said.

It's important to remember this case never played out in court. Tarnopolski was not convicted of a crime, and it appears the case, at this point, won't be going anywhere.

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June Justice told FOX 2's Alexis Wiley Tuesday that she is struggling to find a way to pay for her daughter's funeral. She asks that anyone who wants to help make a donation in Samantha Kelly's name to the Michigan Memorial Cemetery. Their phone number is (734) 782-2473. They are located at 30895 West Huron River Drive in Flat Rock.