Montana Attorney General Tim Fox was deeply disappointed over a U.S. Supreme Court decision on Tuesday that denied the possibility of charging a man for the rape of an eight year-old girl that occurred over 30 years ago.

After DNA evidence was uncovered that exonerated Jimmy Ray Bromgard after he spent many years in prison, Fox sought to have charges file against Ronald Tipton, whose DNA proved to be a match for the crime.

“Without comment yesterday, The U.S. Supreme Court denied certiorari, and so this case stands the way it is and there will not be any criminal prosecution of the man who allegedly raped Linda Glance so many years ago when she was an eight year-old,” said Fox. “It’s a tricky legal matter, because after what the U.S. and the Montana Supreme Court has done, we can’t go back and retroactively go back and charge someone where the statute of limitations has already expired, even if we have DNA evidence. Going forward, if someone commits a crime, the normal statute of limitations runs at least in this kind of a crime where a minor is raped and we later get DNA evidence, I believe the courts would uphold that prosecution.”

Fox said he spoke with the victim following the release of the Supreme Court’s opinion.

“I had a lengthy conversation with Linda yesterday,” he said. “She has been very supportive and has wanted us to move forward with this case, but I can only imagine that it brings up memories and heartache for her and that she’s disappointed, but she’s very courageous and she has come forward with her story to help others, and she’s the real hero in all of this and I’m tremendously proud of her and I pray for her well being.”

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