3 Men Released in South Africa Slaying of U.S. Student : Trial: Witness refuses to testify about the killing of Amy Biehl, saying he fears for his safety. Jubilant supporters carry former defendants from courthouse.

In a major setback to prosecutors in the Amy Biehl case, a key witness refused to testify Monday, leading to the dismissal of charges against three of seven men accused of murdering the 26-year-old Newport Beach woman in a racist attack last August.

“I have no alternative at this stage but to withdraw the charges,” prosecutor Nollie Niehaus said Monday, minutes after court got under way.

Prosecutors said they were left without a case against the three when Charles Benjamin, a witness to the killing, declined to testify.

Benjamin, a member of the African National Congress, had previously given authorities a sworn statement implicating the three defendants. But he later changed his mind about testifying, citing political reasons. After the court hearing, he told reporters he feared that the ANC would not guarantee his security if he testified.

Biehl’s parents, Linda and Peter Biehl of Newport Beach, could not be reached for comment Monday.

Biehl, a white Fulbright scholar who had been studying in South Africa, was driving three black colleagues home to the Guguletu township near Cape Town on Aug. 25, when she happened upon a group of about 30 young blacks. The group reportedly was coming from a rally held by the Pan Africanist Student Organization, a group known for its virulent anti-white views.

Without warning, the youths began stoning Biehl’s 1982 Mazda. When she tried to flee, several members of the group set upon her and stabbed her to death, according to police reports. The Stanford University graduate was killed just a few days before she was scheduled to return home to Newport Beach.

She was one of the first foreigners to die in South Africa’s political violence.

On Monday, after news that three of the accused would go free, jubilant supporters carried them on their shoulders from the courthouse chanting, “One settler, one bullet!”--a popular slogan among the Pan African Student Organization. Members of the group refer to all whites as “settlers” and oppose the African National Congress’ negotiations with the white government.

Other supporters inside the courtroom stood up in the public gallery and gave the group’s openhanded salute when the charges of murder, robbery and public violence were dropped against Mlungisi Ngxaza, Mzukisi Mxoli and Mankenke Lungilisa.

The dismissal was the second major setback for prosecutors. A fourth defendant, who was not jailed because he is only 15 years old, has been missing since he was returned to the custody of his parents to await trial.

The three remaining defendants are scheduled to face charges today.