Newport Doctor's Sexual Assault Case Dropped By OCDA's Office

NEWPORT BEACH, CA — Orange County District Attorney Todd Spitzer intends to drop the criminal case against Newport Beach surgeon, Dr. Grant Robicheaux, and his girlfriend, Cerissa Riley, both accused of drugging and raping multiple women in Newport Beach in 2018.

Spitzer cited a lack of evidence and a mishandling of the case by his predecessor, then OCDA Tony Rackauckas.

After reviewing what he called a "mountain of evidence" against the pair accused of drugging and sexually assaulting multiple women, Spitzer has determined there is "not a single piece of evidence or video or photo that shows an unconscious or incapacitated woman being sexually assaulted. Not one."

Spitzer discussed the case and the media circus surrounding the initial accusations, accusing Rackauckas of using it as a platform for political gain during a re-election campaign. Going through the evidence in this case was "mind-numbing and mind-blowing," Spitzer said during the hour-long conference.

He has long-criticized Rackauckas for how the case was handled at that time.

He apologized to the Newport Beach Police Department, the victims, and the public for how the situation was handled during the OCDA's re-election campaign in 2018.

Rackauckas was recently deposed in a lawsuit stemming from the case and commented that he anticipated getting publicity by announcing the charges during his re-election campaign.

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

During the conference, Spitzer walked through the origins of the case. He pointed to a public "misstatement" by Rackauckas that there may be more than 1,000 potential victims—which prompted hundreds of phone calls into the district attorney's office—as a pivotal moment in the mishandling of the case.

Defense attorneys previously pointed to Rackauckas' claim during a Sept. 18, 2018, news conference that investigators had "thousands of videos" in evidence that they said showed there could be "hundreds" or "more than a thousand" victim

Attorney for one of the victims, Michael Fell, spoke out on behalf of one of the first two alleged victims following the conference.

Fell said his client is "absolutely devastated." She first reported her allegations in 2018 and was the first of two women to do so.

"(Having the DA drop the charges is) extremely disappointing, and extremely devastating to my client," Fell said.

Spitzer told Fell during the news conference that his client has credibility issues, referring to a previous driving under the influence conviction. Fell was not concerned about the DUI or the client's credibility. He said they would seek to speak with Spitzer, as he suggested.

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.

Rackauckas initially contended that 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.

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.

Attorney Philip Cohen, who represents the defendants, told reporters, "Needless to say, we are elated."

Cohen thanked Spitzer for what he characterized as an "incredibly brave and courageous" 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 "dearth of evidence" to prove the claims against his clients.
Cohen said the publicity surrounding the case has "irreparably destroyed two lives." Robicheaux was a "world-renowned hand surgeon" who had a successful practice "that's gone" now.

"There are no patients. There is no work" 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. Rackauckas did not have an attorney present at the deposition, according to Cohen.

"I didn't create this situation, but it's my responsibility to fix it," Spitzer said.
He offered a public apology to the alleged victims, and also to Robicheaux and Riley.

"What happened to their lives and how this case materialized is nothing short of a travesty," he said. "It is unbelievable how far this case has come."

City News Service, Patch Editor Ashley Ludwig contributed to this report.

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