Christmas is coming, so let me give you a gift that keeps on giving.
A while back, I noted the case of San Fernando councilman Mario Hernandez and councilwoman Maribel de la Torre. In brief, the two were involved in an extra-marital affair that went sour, there were accusations of domestic violence by both parties, Hernandez later asked that his charges against de la Torre be withdrawn, and the DA refused.
Ms. de la Torre (who, along with Mr. Hernandez, is no longer a councilperson) went on trial today.
The charges were dismissed “after Deputy Dist. Atty. Ruby Arias announced that she would not be able to proceed”.
Why couldn’t she proceed?
It seems pretty clear that this was a deliberate act on the part of Hernandez. The thing I wonder about (because I am not a lawyer) is: what now? With the charges dismissed, is there still an active bench warrant for Hernandez? Can he still be hauled before a judge? If so, could he face contempt charges? Can the charges be re-filed if Hernandez is found? The dismissal was “without prejudice” so I think the answer to that last question is “yes”, but, again, I Am Not A Lawyer.
I also wonder if this is really worth pursuing any more. It appears that Hernandez doesn’t want it pursued, I’m sure de la Torre is delighted by this turn of events, and both of them (along with the mayor) are no longer in office. Should the DA just call it an unfortunate series of events and move on?