State Prosecutors Have Options for Refiling Gutted Case Against Newport Beach Hand Surgeon
State prosecutors in California have until Thursday to file a new version of a case against Dr. Grant Robicheaux and Cerissa Riley. The couple is facing charges of drugging a woman. Legal experts suggest that prosecutors can choose to dismiss the weakened case and start fresh. An amended complaint was ordered by the Orange County Superior Court Judge, Michael Leversen. The state Attorney General’s Office intends to refile the charges after dismissing some of them during the August 28 hearing.
During the hearing, Leversen granted a motion to dismiss several felony charges against Robicheaux and Riley. Robicheaux still faces four misdemeanor charges and two felony counts. Riley no longer faces any charges. It is possible for prosecutors to dismiss the current case and refile, starting the legal process over. However, having the case dismissed twice would prevent a refile.
Attorney Matthew Murphy, representing some of the accusers, says that while it is possible for prosecutors to refile the case, it remains uncertain whether they will do so. Meanwhile, Robicheaux’s attorney argues that the statute of limitations prevents prosecutors from pursuing the remaining charges. Deputy Attorney General James Toohey disagrees, stating that prosecutors filed within the three-year deadline.
If prosecutors decide to dismiss and refile the charges, it would open the opportunity to seek a grand jury indictment and potentially bypass another preliminary hearing. The presiding judge in Orange County would determine if the case would be reassigned to a new judge.
The embattled case gained attention when it was filed, with allegations that Robicheaux and Riley lured women they met at Newport Beach bars, drugged their drinks, and sexually assaulted them. The case became politically charged when now-Orange County District Attorney Todd Spitzer criticized his predecessor’s handling of the case during his campaign. After Spitzer ordered a review of the case and attempted to drop it, the alleged victims objected, leading to Spitzer’s office being removed from the case. The Attorney General’s Office later took over and pared down the case to two victims.
As the deadline approaches, it is unclear what course of action prosecutors will take. The possibility of a settlement between the defense and prosecution is currently being discussed. The attorneys involved will return to court on September 25 to address any additional demurrers from the defense.
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