Charges have been dropped against four undocumented immigrants who had been charged in connection with an attack on a man and woman in Massachusetts last week.

The alleged victim has chosen not to testify in the Framingham case, which prosecutors say leaves them without evidence they need to prosecute.

Brothers Elmer, Ariel and Adan Diaz, as well as Marlon Jarquin Filipe, all from Guatemala, appeared in court Thursday on charges including assault, rape, kidnapping and threatening.

Last week, a couple told police the four men approached them on Claflin Street, abducted the woman and sexually assaulted her in a Hollis Street apartment, and beat her boyfriend.

But as the investigation continued, the evidence was called into question.



Prosecutors say the alleged victims have elected not to testify, and without them, they don't have sufficient evidence for the charges.

"The prosecution saw that there was a problem," said defense attorney John Daly. "We all agree there was a problem with the evidence.

Lawyers for the four men say they're not sure if or when they'll be deported, but insist they're not dangerous. Two of them have been deported before and returned to the U.S. - now, officials with Immigrations and Customs Enforcement are requesting custody.

All four men pleaded not guilty in an earlier court appearance.