The judge, a former prosecutor of 17 years, wrote that prosecutors had repeatedly failed to turn over evidence that suggested the defendant was innocent.
OAKLAND — In a blistering order that called into question the Alameda District Attorney and Oakland police department’s handling of key evidence in a sex abuse case, an East Bay judge dismissed the case against a man accused of raping his own daughter.
“This court does not make this decision lightly. It is unfortunate that a now 8-year-old victim will not have her day in court,” wrote Trevino, a former Alameda County prosecutor of 17 years. “Due to the failures of the prosecution team, a jury will not get to decide the outcome of this case. The court must protect the integrity of the justice system.”
In response to an inquiry from this newspaper, the Alameda County District Attorney’s office issued a written statement saying Trevino will receive a written response from prosecutors. The statement says prosecutors are “distressed” that a man they still believe is guilty will not be put on trial, and notes that the office processes more than 20,000 cases annually.