The prosecution in the case against a Newport Beach hand surgeon and his girlfriend faced another legal setback on Monday. Orange County Superior Court Judge Michael Leversen granted a motion to dismiss charges of drugging a woman against Dr. Grant Robicheaux and Cerissa Riley. However, the judge gave prosecutors from the Attorney General’s Office 10 days to refile the charges, which they intend to do.
During the hearing, Leversen granted a demurrer motion that dismissed felony counts of poisoning and sale of phencyclidine against Robicheaux and Riley, as well as a felony count of sale or transport of cocaine against Riley.
Robicheaux still faces four misdemeanor charges of possession of controlled substances (psilocybin, Ecstasy, cocaine, and GHB), along with two felony counts of possession of an assault weapon. With the demurrer granted, Riley is no longer facing any charges. A demurrer is a legal move to dismiss charges based on the argument that there is insufficient evidence to support the allegations.
On July 7, Judge Leversen dismissed charges that Robicheaux and Riley had drugged and assaulted two women during a preliminary hearing, significantly weakening the case.
Robicheaux’s attorney, Philip Cohen, argued that the statute of limitations prevents prosecutors from pursuing the remaining charges. Cohen stated, “The statute of limitations has expired and this new case cannot be attached to something that no longer exists.”
Deputy Attorney General James Toohey countered that prosecutors had filed the case 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 before 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 must be done within 10 days.”
Deputy Attorney General Namita Patel assured the judge that they intend to file an amended information within the given timeframe. The attorneys will reconvene on September 25 to address another expected demurrer from the defense attorneys.
When the case was initially filed, it received significant media attention due to allegations that Robicheaux, a reality TV personality, and Riley had lured women from Newport Beach bars, drugged them, and sexually assaulted them. The case became politically charged when Orange County District Attorney Todd Spitzer criticized his predecessor, Tony Rackauckas, for his handling of the case during Spitzer’s campaign to unseat him.
Spitzer questioned why Rackauckas had waited so long to file charges and subsequently ordered a review of the case after he was elected. However, when one of the alleged victims objected in court, Spitzer’s attempt to drop the case was denied, and his office was eventually removed from the case. The Attorney General’s Office took over, resulting in a reduction of the case from 13 accusers to two victims.
There have been several complications throughout the case, including judges recusing themselves and facing criticism from defense attorneys. The defense’s previous attempts to have the case dismissed based on outrageous governmental conduct and defects in the original search warrant were unsuccessful. Patel mentioned in court on Monday that prosecutors are discussing a possible settlement with the defense attorneys.
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