Charges Dismissed in Teacher Sex Case, DA to Refile

Charges dismissed because of pending DNA test results

A San Diego judge dismissed sex charges in the case of an assistant principal accused of carrying an unlawful sexual relationship with a teenage girl.

Prosecutors told NBC 7 they may refile charges against Kettrell Berry, a former assistant principal at the San Diego Center for Children in Kearny Mesa.

Two years ago, a 16-year-old girl claimed she would confide in Berry at first. Then, she said the relationship became physical.

Berry was fired from the school for troubled youth after allegations first surfaced in April 2012. He was arrested and charged a month later.

In court Tuesday, prosecutors asked for a delay due to pending test results. The defendant exercised his right to demand the trial begin as scheduled.

In response, prosecutors dismissed the charges but say they plan to re-file the case as soon as they get results from newly-tested DNA evidence.

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