The Kennebec County district attorney’s office dismissed a charge of domestic violence assault against a Winthrop man because the alleged victim, his girlfriend at the time of the incident in March, “is making herself unavailable” for trial.

Robert P. Rodgers, 49, was scheduled for trial last Friday in Kennebec County Superior Court, and jurors had already been selected.

The filing in Kennebec County Superior Court said the woman “has, through her actions, indicated that she will not testify she was assaulted,” and Assistant District Attorney David Spencer said that without that testimony, there is insufficient evidence to proceed.

Rodgers remains in Kennebec County jail because he faces another charge of domestic violence assault against another woman, also identified by investigating officers as his girlfriend, stemming from an incident Sept. 12 in China.

He is accused of violating conditions of release in that incident as well because he was out on bail on the first domestic violence charge at the time.

Rodgers is represented by defense attorney Kevin Sullivan.

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