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RAF MILDENHALL — A rape and indecent assault case for a 95th Reconnaissance Squadron noncommissioned officer was dismissed without prejudice Monday due to witness availability.

Charges against Staff Sgt. Sean M. Ellis could be refiled at a later date, 3rd Air Force spokesman Maj. Dave Honchul said Monday.

Ellis appeared at the base courtroom for an expedited court martial in which military judge Col. Gordon Hammock dismissed all charges as a result of a decision made by the 3rd Air Force commander Lt. Gen. Robert D. Bishop, the convening authority in the case.

“The alleged victim in the case decided she does not want to testify,” Honchul wrote in an e-mail to Stars and Stripes on Monday afternoon.

“Since we didn’t have this key testimony, the convening authority determined there was not enough evidence at this time to press forward with the case.”

Honchul said dismissals in rape courts-martial are uncommon in the 3rd Air Force, which has bases throughout Europe and is headquartered at Ramstein Air Base, Germany.

Both of Ellis’ charges stem from an April 14 incident in Newmarket in which he allegedly raped and committed indecent assault on an airman, according to court papers.

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