PROSECUTORS RUSH TO RE-FILE DISMISSED COURT CASES

Numerous cases, including three alleging felony sex crimes, vacated by judges

Riverside County prosecutors are scrambling to re-file cases — including child sexual assault cases — booted by Superior Court judges, who are justifying the dismissals by citing lack of available courtroom space, the District Attorney’s Office said Jan. 31.

According to the agency, between Jan. 25 and Jan. 30, three felony sex cases were vacated by Judges Helios

Hernandez and Jeffrey Prevost at the Riverside Hall of Justice. During that period, several judges were on training assignments, while others were on sick leave, and their courtrooms were closed.

The lack of court space for trials prompted Hernandez and Prevost to dismiss the matters, prosecutors said.

“I understand the need for ongoing training. However, when our courts are experiencing a crisis and engaging in the mass dismissal of cases, victims of crime deserve the right to be the priority,” District Attorney Mike Hestrin said. “Over the last three months, the courts have dismissed over 1,500 cases, some of which are serious felonies, such as these three sexual assault cases involving children.”

The dismissed cases were People v. Daniel Cintron, People v. Norman Martinez Garcia and People v. Angel Torres Salas.

In each instance, when the prosecution announced that it was ready for trial, instead of placing the cases on hold and continuing them a few days until courtrooms came available, the two judges vacated them, according to the DA’s Office.

“In the Garcia case, our office has filed six felony counts pertaining to two underage victims — including charges of rape and oral copulation involving one of the young victims,” according to a DA’s statement. “Because there are two different victims in this case, the defendant faces a possible life sentence if convicted as charged.”

Prosecutors immediately re-filed each case with fresh criminal complaints, the agency said.

“The courts being aware of this shortage of courtrooms should be able to anticipate the needs of public safety and reschedule their training until the courts are fully operational,” Hestrin said.

A week earlier, on Jan. 24, the county Board of Supervisors ordered the Executive Office to review the mass dismissals and return to the board with a report by midMarch listing real world solutions.

“Our system of government does not work without a functioning court system,” Supervisor Karen Spiegel said. “This board needs to engage on the issues and find solutions. We’ve been talking about it. Now we have to do something about it.”

The Association of Riverside County Chiefs of Police and Sheriff — ARCCOPS — has called for an immediate end to the dismissals.

The dismissal binge began on Oct. 10. Most of the cases were added to dockets during the public health lockdowns, when courts suspended many operations under emergency orders from the California Office of the Chief Justice.

A backlog of roughly 2,800 cases developed. The chief justice’s orders expired on Oct. 7.