“The Office of the Attorney General, in particular, its criminal division, is hereby placed on notice that the court will consider the pursuit of sanctions when appropriate for any such future handling of a criminal matter in this court,”
Wiseman said in his written order yesterday, dismissing a criminal case that due for jury trial on June 21.
Joaquin Glenn Taman Rios, 33, was charged by the AGO with one count of disturbing the peace, and one count of child abuse or neglect last October.
Newly hired Assistant Attorney General Shelli Neal was supposed to prosecute the case.
Rios was represented by Assistant Public Defender Douglas Hartig.
It appears that the government, Wiseman said, has only recently interviewed the witnesses and the victim, and based on such interview the AGO claimed that “they do not have a case based on the witness and victim’s statements.”
“The court would be remiss if it just granted the government’s motion to dismiss without expressing its concern that such practice in handling a criminal case by the prosecution leaves much to be desired and cannot and should not be tolerated,” Wiseman said.
He received a motion to dismiss the trial, three working days prior to the trial, after several pretrial conferences were held, including jury instructions being sent out, and “having to use [the court’s] limited resources in implementing a substantial process to prepare for the jury trial.”
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