Rape, sex assault charges dismissed against Fmr. Montgomery County GOP head

A judge has dismissed rape and sexual assault charges against the former head of the Montgomery County Republican Party.

The charges against Robert Kerns were announced in April by Pennsylvania Attorney General Kathleen Kane.

Kerns, 66, of North Wales, Pa. was accused of raping and sexually assaulting a female paralegal, who worked at his law firm, back on October 25, 2013.

However, this morning a judge dismissed the most serious of those charges. Kerns is still facing two counts of Aggravated Indecent Assault (felony), three counts of Indecent Assault (misdemeanor), and one count of Simple Assault (misdemeanor).

He wouldn't answer our questions as he left court, but his attorney, Brian McMonagle, called today's decision a victory and the prosecutor said it was the right call.

"There was simply no evidence to support any finding of rape or sexual assault charges," McMonagle said. "We've said that from the beginning. The judge reviewed the transcript and as a matter of law these charges needed to be dismissed."

Deputy Attorney General Daniel Dye says, "I'm very pleased with the court's ruling. It allows us to put in the strongest charges that support our theory of the case, and put them in front of a jury."

Initially, the Montgomery County District Attorney's Office alleged Kerns sexually assaulted the victim in his car and at her home after drugging her with Ambien laced wine.

Court papers say the victim woke up the next morning with dried vomit and no pants or underwear.

But after being ordered to stand trial, District Attorney Risa Ferman learned that her office misread the lab report, and there was no evidence of Ambien in the victim's system.

She dropped the charges and referred the case to State Attorney Kathleen Kane, who refiled them.

Kerns still faces significant time behind bars if convicted. But for now he remains free on bail.