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Spitzer Drops Case Against Doctor, Girlfriend Accused of Druggings/Assaults

todd spitzer

SANTA ANA (CNS) - Citing a lack of evidence and accusing his predecessor of mishandling the case, Orange County District Attorney Todd Spitzer said today he is dropping charges against a Newport Beach surgeon and his girlfriend who were accused of drugging and sexually assaulting multiple women.

Spitzer has long criticized the case against Dr. Grant Robicheaux and Cerissa Riley, claiming it was used for political gain by former District Attorney Tony Rackauckas during a re-election campaign. Spitzer said Tuesday a full review of the case by his office's executive team found a lack of evidence to proceed.

ā€œThere is not a single piece of evidence or video or photo that shows an unconscious or incapacitated woman being sexually assaulted. Not one,ā€ Spitzer said.

Spitzer also pointed to comments made by Rackauckas during a recent deposition in a lawsuit stemming from the case, in which the former district attorney conceded that he anticipated getting publicity by announcing the charges during his re-election campaign.

ā€œAfter the depositions, I was freaked out,ā€ Spitzer said. ā€œI was very disturbed. I have the former elected and sworn district attorney of Orange County admitting that this case was used for campaign purposes.ā€

Rackauckas has told City News Service in the past that while he conceded that the case was expected to generate publicity he did not approve the filing of charges to boost his re-election campaign.

In a lengthy news conference in which he walked through the origins of the case, Spitzer on Tuesday also accused Rackauckas of making a public ā€œmisstatementā€ that there may be more than 1,000 potential victims, a statement that prompted hundreds of phone calls into the district attorney's office.

Spitzer said his office will file papers this week seeking dismissal of the case. It was not immediately clear when a hearing would be held. The next court date in the case is Feb. 28, but prosecutors expect to move it up.

A hearing in a civil suit filed by one of the accusers and seeking $22 million in damages is scheduled for Friday.

Spitzer said he is willing to meet personally with all of the alleged victims in the case to discuss his reasoning for dropping the charges.

Robicheaux, 39, and Riley, 32, were charged with drugging and sexually assaulting multiple victims. Robicheaux was charged in connection with seven victims, while Riley was charged with five.

When the case was filed, Rackauckas contended the pair would take advantage of their good looks to meet women in restaurants or bars, then drug them and lure them back to Robicheaux's apartment, where they were sexually assaulted.

Defense attorneys previously pointed to Rackauckas' claim during a Sept. 18, 2018, news conference that investigators had ā€œthousands of videosā€ in evidence that they said showed there could be ā€œhundredsā€ or ā€œmore than a thousandā€ victims. The defense attorneys argued that prosecutors had not observed that number of videos at the time and none of them show evidence of rapes.

Spitzer said Tuesday his office's new review of the case backs that claim.

ā€œI didn't create this situation, but it's my responsibility to fix it,ā€ Spitzer said.

He offered a public apology to the alleged victims, and also to Robicheaux and Riley.

ā€œWhat happened to their lives and how this case materialized is nothing short of a travesty,ā€ he said.

Attorney Michael Fell, who represents one of the first two alleged victims, said his client is ā€œabsolutely devastated.ā€ She reported her allegations in 2018, Fell said.

ā€œIt's extremely disappointing, and extremely devastating to my client,ā€ Fell said.

Spitzer told Fell during the news conference that his client has credibility issues, referring to a driving under the influence conviction.

Attorney Philip Cohen, who represents the defendants, told reporters, ā€œNeedless to say, we are elated.ā€

Cohen thanked Spitzer for what he characterized as an ā€œincredibly brave and courageousā€ decision to dump the case. He said he sought meetings with prosecutors since Robicheaux's home was searched Jan. 9, 2018, but he was rebuffed. Cohen said he wanted to make his case there was a ā€œdearth of evidenceā€ to prove the claims against his clients.

Cohen said the publicity surrounding the case has ā€œirreparably destroyed two lives.ā€ Robicheaux was a ā€œworld-renowned hand surgeonā€ who had a successful practice ā€œthat's goneā€ now.

ā€œThere are no patients, there is no workā€ for the doctor now, Cohen said. Robicheaux is fighting to save his medical license, the attorney said.

Cohen led the deposition of Rackauckas that elicited the statements Spitzer used to back his decision.

Spitzer said if not for the depositions, ā€œI wouldn't know what I know,ā€ but he added he had ā€œall kinds of mixed feelings aboutā€ such civil depositions being conducted concurrent with a criminal case.

Such depositions are ā€œnot a replacement for discovery,ā€ he said.

Cohen defended the tactic.

ā€œIt is my position that without that testimony I don't think this press conference happens today,ā€ Cohen said.

Cohen praised Rackauckas for his candor and showing up for the deposition without an attorney.

KFI's Corbin Carson joined Gary and Shannon to discuss the case.You can listen to the segment below.


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