Charges dropped against doctor and girlfriend accused of drugging woman.
FULLERTON, Calif.—Prosecutors Face Legal Setback in Case Against Newport Beach Surgeon and Girlfriend
In a recent development, prosecutors in the case against a Newport Beach hand surgeon and his girlfriend have been dealt another legal setback. Orange County Superior Court Judge Michael Leversen granted a motion to dismiss additional charges alleging that the couple drugged a woman. However, the judge has given prosecutors with the Attorney General’s Office 10 days to refile the charges against Dr. Grant Robicheaux and Cerissa Riley. Prosecutors have expressed their intention to do so.
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During a recent hearing, Judge Leversen granted a demurrer motion that dismisses certain felony counts against Mr. Robicheaux and Ms. Riley. However, Mr. Robicheaux still faces several misdemeanor charges and two felony counts. With the judge’s decision, Ms. Riley is no longer facing any charges. A demurrer is a legal move to dismiss charges based on an argument that there’s not enough evidence to support the allegations.
Mr. Robicheaux’s attorney, Philip Cohen, argued that the statute of limitations prevents prosecutors from pursuing the remaining charges. However, Deputy Attorney General James Toohey argued that the case was filed within the three-year deadline. The dispute revolves around when the clock began ticking on prosecuting the filed case, which dates back to 2018.
In his decision, Judge Leversen stated, “The real question I have in front of me is counts one through three and whether they’re sufficiently alleged, and they’re not. The demurrer is sustained. But I’ll give you leave to amend, and that has to be done in 10 days.”
Deputy Attorney General Namita Patel confirmed their intention to file an amended information. The attorneys will reconvene on September 25 to address another expected demurrer from the defense.
The case gained significant attention when it was initially filed, with allegations that Mr. Robicheaux, a reality TV personality, and his girlfriend lured women from Newport Beach bars, drugged their drinks, and sexually assaulted them. The case also became a political issue during the election for Orange County District Attorney, with criticism directed at the handling of the case by the previous district attorney. The current district attorney, Todd Spitzer, ordered a review of the case and attempted to drop it, but the move was denied when one of the alleged victims objected in court.
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