The Douglas County District Attorney’s Office on Thursday dismissed the rape charges against two men, both 21 and one a Kansas University student, which stemmed from two women’s allegations that they were sexually assaulted at Kansas University’s Hashinger residence hall.

The women alleged they were raped between 2 a.m. and 5 a.m. on Sept. 28, KU police spokesman Capt. James Anguiano said in October.

Douglas County District Attorney Charles Branson said he filed to dismiss the case on Thursday, after further investigation into the case led his office to determine that there “was no longer sufficient evidence” for the cases to proceed to trial.

“The suspects were arrested and charged at the conclusion of the initial investigation by the KU police department. There was evidence at that time that suggested the crime of rape had occurred,” Branson said. “The investigation continued after the arrest and included interviewing multiple individuals with knowledge of the parties’ activities that night and review of cellphone and medical records.”

Neither Branson, nor the men’s attorneys, Tom Erker and John Kerns, would elaborate on what the additional evidence showed. To date, no law enforcement or judicial officials have released details as to why the men were arrested in the first place.

On Friday, Douglas County District Court Judge Kay Huff was informed of the dismissal shortly before she was set to hear arguments on the Journal-World’s motions seeking the unsealing of affidavits leading to the men’s arrests.

At that hearing, Huff ruled that the affidavits should remain sealed because the case had been dismissed.

The Journal-World’s attorney, Max Kautsch, argued at the hearing Friday that the affidavits should still be released in accordance with a Kansas law enacted July 1 allowing for judges to redact, release or seal arrest affidavits after a member of the public makes a request.

“The statute continues to be applicable. Now, any concerns about a fair trial are void.” Kautsch said. “There is nothing in the statute that says that if a case is dismissed, affidavits should not be released.”

Huff had originally sealed on Oct. 23 the affidavits of the two men after their attorneys and Assistant Douglas County District Attorney Amy McGowan requested they be sealed.

The defense attorneys argued then that the information would be inflammatory and could hurt the outcome of a trial.

“It is not going to do anybody any good to have articles written,” Kerns said. “I don’t see the need for any affidavit to be released to anybody.”

Kautsch on Friday questioned the timing of the case’s dismissal, falling just before the affidavit was subject to possible release.

“If the state can avoid its disclosure of affidavits by dismissing charges,” Kautsch said, “that is absolutely counter to the law’s legislative intent.”

Branson said the timing of the dismissal and the affidavit hearing date are unrelated. Branson said his office had intended to redact and release the affidavit after the investigation into the case was finished.

“Our office would have proposed redactions under the statute once the investigation was completed or a preliminary hearing held,” Branson said. “The defense objected to its production in its entirety at any time.”

Defense attorney Erker said in an interview Friday that “the system worked.”

“The District Attorney’s Office is charged with following up with allegations. My job is to really investigate and share some of our thoughts with the D.A.,” Erker said. “Their office is willing to sit down and work toward justice.”

Kautsch said during an interview Friday that the affidavit should be released to hold the district attorney’s office accountable for its actions in the case.

“Now the public has no opportunity to view why the D.A. filed those charges and know why they were dismissed,” Kautsch said.

As of Friday, the KU student was still enrolled at the university for the fall semester, which ends Friday, KU spokeswoman Erinn Barcomb-Peterson said. He is not enrolled for the spring semester, she said.

The law requires universities to conduct their own investigations into reported sexual assaults, but Barcomb-Peterson said KU cannot comment whether the university’s investigation into the incident has ended.

The second man, who was a student at Johnson County Community College at the time of the allegations, is “no longer a student” at the college, JCCC Vice President of Student Success and Engagement Dennis Day said.

Day said the college did not conduct an investigation because the incident was not alleged to have occurred at JCCC and neither alleged victim was a JCCC student.

The KU student spent eight days in jail before posting a $50,000 bond on Oct. 14. The JCCC student spent nine days in jail before posting a bond of the same amount.