Fresno Assemblyman Joaquin Arambula appeared in court for the first time on Tuesday.
As the trial gets underway some unexpected twists have popped up.
The Valley lawmaker is facing a misdemeanor charge of child cruelty.
Arambula was arrested for the alleged incident involving his 7-year-old daughter back in December.
We are learning new details surrounding the case.
On Tuesday, Arambula was with his wife Elizabeth as well as his parents at court.
His attorneys and the Fresno County Assistant District Attorney filed motions and their trail briefs.
In the court documents that we obtained they lay out the alleged incident.
Which states in part, “The victim she said her father slapped her face several times after she and her sister were playing in another room. She said the ring on her dads hand caused the injury to her face. The victim had a bruise and red mark on her right temple.”
In the motion to dismiss, the documents seem to show evidence of a rift between the Fresno County DA’s office and the Fresno Police Department over the way the investigation was handled.
In the motion to dismiss, there is a copy an email stating that on February 25, District Attorney Lisa Smittcamp sent an email to Fresno Police Chief Jerry Dyer, demanding to know how confidential CPS records came into the possession of the Fresno Police Department.
The defense is now wanting this information thrown out. We spoke with our legal analyst and he weighed in on the matter.
“Unfortunately , somebody did something that was improper , and that includes perhaps the chief letting the cat out of the bag early on about there was something significant here, I don’t think the prosecutors, much less the defense attorneys ever invite the police to comment on the facts before it goes to the jury, because that really causes problems for everybody and in this particular case not only did that happen,” says David Mugridge, attorney.
He continued, “In this case it appears that CPS that there was nothing wrong there that occurred, and they didn’t recommend that anybody go forward with any prosecution.”
Also contained in the motion to dismiss was the following:
On March 7, 2019 the Department of Social Services determined that there was no actual evidence produced that could have substantiated general neglect.
Jury selection is expected to begin on Friday and opening statements are expected on Tuesday.