A lawyer for victims alleging sexual assault against an Orange County hand surgeon and his girlfriend said in court documents filed earlier this week that District Attorney Todd Spitzer, who has been removed from the case, continues to interfere with proceedings.
“From the victims’ perspective, responsibility for the contentious nature of this litigation lies squarely with [Spitzer] who continues to place his own political self interests above the rules of ethics and the rights of victims,” said Matt Murphy, an attorney for five of the women who've made complaints against the couple.
Dr. Grant Robicheaux, 40, and Cerissa Riley, 34, have been accused of drugging a number of women and sexually assaulting them in their Newport Beach home. In addition to his surgical practice, Robicheaux was known for participating in a cable TV docuseries, “Online Dating Rituals of the American Male,” which aired on Bravo in 2014.
Spitzer took over the case from his predecessor, Tony Rackauckas, who filed charges against the couple in 2018. Spitzer ordered a review and concluded the D.A.'s office had insufficient evidence to prove beyond a reasonable doubt the case against Robicheaux and Riley.
Spitzer moved to dismiss all charges, but Superior Court Judge Gregory Jones refused and reassigned the case to state prosecutors. Jones theorized that fraught politics between Spitzer and his predecessor, stemming from a contentious 2018 county election, may have tainted the new prosecutor’s view of the case.
Prosecutors from California Attorney General Rob Bonta’s office told a new presiding judge Friday that they intended to file a request to narrow the case down to allegations made by two victims out of the original seven, citing insufficient evidence. None of the victims have recanted their claims and all are “still desirous of prosecution,” wrote Murphy in a filing unsealed by the court on Monday.
Murphy is a former O.C. senior deputy district attorney who prosecuted some of the area’s most notable criminal cases, such as that of serial killer Rodney Alcala, the “Dating Game Killer.”
In court documents, Murphy contended that the A.G.’s office is so compromised by Spitzer’s alleged interference that “appointment of a special prosecutor has now become necessary.” He has asked that the court refuse to let prosecutors dismiss any charges in the case.
The basis for Murphy’s allegations seems to arise from Spitzer’s treatment of an investigator with the D.A.'s office, Jennifer Kearns. Spitzer reportedly barred Kearns from consulting with state prosecutors without her supervisor present. Kearns objected to this and has since filed a whistleblower lawsuit against Orange County.
Murphy has also objected to Spitzer “repeatedly contacting” the A.G.’s office and delaying discovery, according to court documents.
Kimberly Edds, a spokesperson for Spitzer’s office, called Murphy’s accusations “unfounded,” but declined to expand the rebuttal.
“Instead of his spurious, self-serving declarations, we look forward to hearings under oath in a court of law,” she said.
The court will consider the request to reduce charges against Robicheaux and Riley on Thursday. A preliminary hearing is to be held toward the end of 2021.