Prosecutors to drop rape case against Calif. doctor, girlfriend

SANTA ANA, Calif. — Prosecutors on Tuesday said they will seek to drop a rape case against a California surgeon, who appeared in a reality TV dating show, and his girlfriend.

“There’s insufficient evidence to prove this case beyond a reasonable doubt,” Orange County District Attorney Todd Spitzer told a news conference. “This office will go to court as soon as possible and seek a dismissal on all the charges against the defendants.”

Orthopedic surgeon Grant Robicheaux, of Newport Beach, who previously appeared on a Bravo TV show called “Online Dating Rituals of the American Male,” and his girlfriend, Cerissa Riley, were charged in 2018 with rape by use of drugs, kidnapping and other crimes. At the time, authorities alleged the pair plied their victims with drugs and sexually assaulted them when they were incapable of resisting.

But the case has been mired in controversy and steeped in a contentious political battle between Spitzer, who took office a year ago, and his predecessor at the Orange County District Attorney’s office, Tony Rackauckas. During his election campaign, Spitzer accused Rackauckas of improperly handling the case and using it to draw publicity.

Rackauckas, who led the office when the pair was charged, held a news conference in 2018 to announce the case and told reporters that investigators were sifting through thousands of videos and images found on Robicheax’s phone and some showed women who were barely responsive.

The comments drew widespread media attention. In the following days, Rackauckas announced five additional alleged victims had come forward.

Defense lawyers have said there are no such videos. Spitzer confirmed that. “There is not a single piece of evidence or video or photo that shows an unconscious or incapacitated woman being sexually assaulted. Not one,” Spitzer said.

Spitzer said Rackauckas acknowledged during a civil deposition after he left office that he had hoped the case would bring him publicity during his reelection campaign.

A message was sent to Rackauckas seeking comment.

Fearing a potential conflict of interest, Spitzer last year asked the California Attorney General’s Office to take over the prosecution of the case. But the state determined there was no issue and the county should proceed.

Spitzer then asked attorneys in his office to review the extensive amounts of evidence in the case including audio and video recordings and text messages. He said they told him they didn’t feel the allegations of any of the seven alleged victims could be proven in court, prompting him to seek dismissal.