OAK PARK, Mich. -- A former Oak Park teacher accused of sexually assaulting two young boys in an empty special-education classroom was back in court Thursday morning to find out if he would face a third trial.

James Perry, 33, formerly a teacher at Key Elementary School, was convicted of the assaults in 2006.

Prosecutors had wanted to retry Perry, but decided there is not enough evidence, so all charges have been dropped in the "interests of justice."

"It's a huge relief for him," said Perry's lawyer Mitch Ribitwer. "I truly believe that the man is innocent and he's been vindicated."

Judge Denise Langford Morris overturned the conviction last year after learning key witnesses were not interviewed by police during the investigation.

Perry was accused of snatching the two boys in 2005, then ages 4 and 5, from a supervised lunch line and dragging them into the special-education room where he allegedly forced the boys to perform oral sex.

"I know my son is the truth teller because of what I taught him. It's not his fault a man raped him. He was not molested, that was rape," said the mother of one of Perry's alleged victims.

She added, "I pray their hearts are not heavy for their decision."

A special-education teacher at the school testified the special-ed room was always occupied and that the attacks could not have happened there.

The teacher's testimony was considered critical to the defense. The witness and two other adults assigned to the classroom told jurors the room was always occupied by students and teachers at lunch time because some of the students have disabilities that make it difficult to move them between rooms.

Perry cannot be retried again.

"It's been almost three years and I'm just glad the Livingston County prosecutor took an objective look at this and made the right decision," Perry said as he was leaving the courtroom.

Livingston County assistant prosecutor Pamela Maas took over the case after there was controversy regarding the Oakland County prosecutor's office overseeing the case.

Oakland County Prosecutor David Gorcyca has been charged with professional misconduct for his handling of Perry's case and allegedly calling him a "freak."

Perry's been on leave from his teaching job for three years and said he is not sure if he is can ever return to a classroom again.