Prosecutors are planning to put the third and last sexual abuse case filed against former Ellicott City dance teacher Jose Anibal Macedo on indefinite hold.
With Macedo, 43, sentenced to 12 years in prison after being convicted in the first two cases, a third trial is "unnecessary at this point and time," said Howard County State's Attorney Timothy J. McCrone.
"It's almost exclusively a function of the 12 years he already received. ... It's a rather thorough punishment for his behavior and a sentence that, I think, secures the community from him for the foreseeable future," McCrone said.
Prosecutors will not drop the case but will place it on the court's inactive docket pending the outcome of appeals filed in the first two cases, he said.
If both convictions are upheld, prosecutors said, the third case will probably never be tried. McCrone said yesterday that the victim in the case, now 19, has no objection to the decision.
Because placing the case on the inactive docket would affect his constitutional right to a speedy trial, it requires Macedo's approval. His lawyer, Deputy Public Defender Louis P. Willemin, said he has "reason to believe we'll be able to agree to the terms."
"I think it's a wise decision. ... He's serving 12 years," Willemin said. "I don't know that it requires an exercise of judicial resources to try to resolve another case."
The decision by prosecutors is expected to end the prosecution of Macedo, who was arrested in December 2002 after three students separately accused the ballet instructor of abuse.
All three gave similar accounts. Macedo, they said, sexually assaulted them during private lessons at Advance Dance Academy, his Baltimore National Pike dance studio.
The youngest had just turned 12 when the abuse started. The oldest, whose case has not been tried and was transferred to Carroll County because of pretrial publicity, said Macedo molested her during an 18-month period beginning when she was 14.
Macedo denied the accusations and went to trial in the first two cases. A jury convicted him of attempted rape and related charges in one case, and Howard Circuit Judge James B. Dudley convicted him of sexual child abuse and third-degree sexual offenses in the second.
In each case, Macedo, a resident of the 1100 block of Taylor Ave. in Halethorpe, was sentenced to six years in prison.