A severe shortage of Riverside County judges caused the dismissal of three child sexual assault cases, which were then immediately refiled, the Riverside County District Attorney's Office said in a news release.
All three were felony cases, and one involved a possible life sentence, according to the Jan. 31 news release.
These latest dismissals are part of a crisis in the county court system that has resulted in the dismissal of 1,500 cases over the last three months, the release said.
Hestrin took issue with the timing of courtrooms being diverted to judicial training during a critical staffing shortage that has meant an open door for some charged with serious crimes because their cases cannot be heard in a timely fashion.
“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 in the release. "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 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."
According to the press release, the dismissals happened in less than a week, and one of the cases included a conviction that would have resulted in a possible life sentence. On Jan. 26, the district attorney's office learned that the trial of People v. Norman Martinez Garcia had been dismissed. Five days later, they were informed both People v. Daniel Cintron and People v. Angel Torres Salas also had been dropped.
The Garcia dismissal came after the court denied Hestrin's request on Jan. 25 for a postponement until a judge would be available to hear the trial. In dismissing the case, Riverside County Superior Court Judge Jeffrey Prevost acted to uphold a timeframe required by law. According to the district attorney's press release, their office has filed six felony counts about two underage victims. The charges, in this case, include rape and oral copulation involving one of the underage victims.
The district attorney also opposed the other dismissals relating to child sexual assault, but this legal timeframe took precedent, and the cases were dropped on Jan. 30. Adding to the shortage, according to Hestrin, was that several courtrooms remained closed for judicial training and other judges were ill. He said the courts should be able to anticipate the need for available courtrooms in light of this crisis.
As recently reported, the Riverside County Board of Supervisors passed a motion on Jan. 24 to address today's judicial crisis by assembling a team to identify challenges and report back with "actionable recommendations." Working with the Executive Office on that plan would be the Superior Court, the DA's Office, Riverside Public Defender, the Probation Department, the Sheriff's Department and the Indigent Criminal Defense Contractors.
The motion also authorized the board to sponsor Senate Bill 75, authored by state Sen. Richard Roth (D-Riverside), which calls for the allocation of additional judges to underserved regions statewide. According to a study entitled "The Need for New Judgeships in the Superior Courts," Riverside County has 22 fewer judges than needed.