State prosecutors have until Thursday to file a revised case against a Newport Beach hand surgeon and his girlfriend who are accused of drugging a woman. However, legal experts suggest that prosecutors have the option to dismiss the weakened case and start over.
On August 28, Orange County Superior Court Judge Michael Leversen granted a motion to dismiss some charges against Dr. Grant Robicheaux, 43, and Cerissa Riley, 36, but gave them 10 days to file an amended complaint. Prosecutors have stated their intention to do so.
During the hearing, Leversen dismissed felony counts against Robicheaux and Riley, including poisoning, sale of phencyclidine, and sale or transport of cocaine. Robicheaux still faces four misdemeanor charges of possession of controlled substances and two felony counts of possession of an assault weapon. Riley, on the other hand, no longer faces any charges.
Legal experts, including Chapman University law professor Lawrence Rosenthal, believe that prosecutors can dismiss the current case and start a new one. However, they need to be mindful of the statute of limitations, as a new charge may be blocked if it exceeds the time limit.
Attorney Matthew Murphy, who represents some of the accusers, acknowledges that prosecutors have the option to proceed with a new case, but whether they will do so remains uncertain. The Attorney General’s Office declined to comment on potential legal strategy.
A dismissal and refiling of charges would also provide prosecutors with the opportunity to seek a grand jury indictment, bypassing another preliminary hearing. The decision to reassign the case to a new judge would rest with the presiding judge in Orange County.
Robicheaux’s attorney, Philip Cohen, argued that the statute of limitations prevents prosecutors from pursuing the remaining charges. However, Deputy Attorney General James Toohey countered that prosecutors met the three-year deadline for filing the case.
The case, which initially involved 13 accusers, has faced numerous setbacks and changes in prosecution. Former Orange County District Attorney Tony Rackauckas initially filed charges, but current District Attorney Todd Spitzer criticized his handling of the case. After assuming office, Spitzer attempted to drop the case but was denied when an alleged victim objected in court. Eventually, the Attorney General’s Office took over the case and reduced it to two victims.
As the case continues, there are discussions of a possible settlement between prosecutors and defense attorneys.
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