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Orange County Dist. Atty. Todd Spitzer sought to dismiss rape charges against a Newport Beach surgeon and his girlfriend last year based on a review of evidence in the case that a team of senior investigators in his office later found to be flawed, according to an internal memo.
The investigators’ findings were outlined in a memo sent in July from Cmdr. Clint McCall to Chief Paul M. Walters, who leads the investigative bureau at the district attorney’s office. The Times reviewed a redacted copy of the memo, which was filed in court Thursday.
The top-to-bottom review of the case against Grant Robicheaux, 40, and Cerissa Riley, 33, ordered by Spitzer was “incomplete and contained inaccurate and misleading information,” according to the memo. Those shortcomings led prosecutors for Spitzer to make arguments in court for why the charges against the couple should be tossed out that “contained numerous unsupported allegations, misstatements, untruths, and factually wrong conclu