OC Judge Puts Off Decisions on Recusals of Judge and DA in Sex Case

OC Judge Puts Off Decisions on Recusals of Judge and DA in Sex Case

by Contributing Editor

A judge Friday put off until August any rulings on motions to recuse another judge and the Orange County District Attorney’s Office from the case against a Newport Beach physician and his girlfriend who are charged with raping and drugging several women.

Judge Matthew Anderson, the supervising judge for the Harbor Justice Center in Newport Beach, told the attorneys that Judge Gregory Jones, who had been overseeing the case against Dr. Grant Robicheaux, 39, and Cerissa Riley, 32, needed more time to file court papers defending himself against allegations that he had an improper meeting with an attorney representing alleged victims in the case.

Defense attorney Philip Cohen, whose legal team filed a 90-page brief at the end of the business day on Thursday, demanded an “expeditious” hearing on the motions, prompting Anderson to remind Cohen that a response to his team’s allegations “require additional time.”

When Anderson suggested July 31 or Aug. 7, Cohen requested an earlier date. He also said the defendants “continue to assert their rights to a speedy preliminary hearing.”

“I appreciate your request,” said Anderson, who set Aug. 7 as the next date.

It is not clear what the next steps will be. Jones will file an affidavit and his attorney will file a brief responding to the allegations of an improper meeting with attorney Matthew Murphy, who represents four alleged victims.

Jones could keep the case or ask for it to be assigned to another judge.

Jones was about to rule on a motion from Murphy and attorney Michael Fell, who represents another alleged victim, to have the District Attorney’s Office recused from the case when Cohen and his team moved to recuse Jones.

Jones earlier denied a request from the Orange County District Attorney’s Office to dismiss charges against the defendants. Prosecutors do not oppose a referral of the case to the state Attorney General’s Office.

Murphy has alleged a conspiracy between District Attorney Todd Spitzer and the defense team to flush the case.

In the defense’s brief this week, Cohen accused Murphy of “erroneous statements” in his pleadings and argued he has no standing legally to bring a recusal motion against the District Attorney’s Office.

Murphy’s brief this week “is filled with numerous incorrect statements and mischaracterizations regarding the events and circumstances surrounding this case and surrounding the instant recusal request,” Cohen said in court papers.

Cohen denied Murphy’s claim that Cohen and Spitzer had discussed the civil case filed by one of the alleged victims against the defendants that Murphy has said Cohen usurped to dig up dirt on the other victims in the case.

Murphy has argued that Spitzer told him he believes it is “sham” litigation that was settled, but is kept alive so Cohen can conduct depositions that he uses to defend his clients in the criminal case.

Cohen argued that his client, who is being sued for $22 million in damages and “has absolutely no ability to dismiss the civil case… Not only can’t Robicheaux dismiss the civil case, but he also can’t stop defending it.”

Murphy also accused Cohen of lying during prior court hearings about the amount of GHB — known as the date rape drug — that was found in Robicheaux’s Newport Beach residence.

“Murphy alleges that I lied about the findings stated in an Orange County Crime Lab report, and that I fabricated what the report says regarding the weight of liquid GHB found in Robiceheaux’s house,” Cohen said.

“His accusation against me is sanctionable. Murphy knows that the original report prepared and produced by the Crime Lab states that the weight of the GHB is `105.7+/- milligrams.’ ”

Cohen said he relied on that report until he was told it was a typographical error.

“Unfortunately, it is all too illustrative of the baselessness of the allegations and accusations that Mr. Murphy has levied against me, and others, throughout,” Cohen said.

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All credit goes to Contributing Editor
Originally published on https://mynewsla.com