A final effort to stop a misdemeanor trial against California State Assemblyman Dr. Joaquin Arambula, facing one count of child cruelty.
Tuesday, his defense filing a motion, calling for a dismissal.
In the motion, his daughter’s words of the alleged incident, and she claims, nine other times her father did “not nice” things to her.
“She alleges her father essentially would put her in a bear hug, and squeeze the breath out of her,” legal analyst David Mugridge said.
In that motion, Arambula’s defense also alleging bias on behalf of the Fresno Police Department, pointing to an email from Fresno County Distirict Attorney Lisa Smittcamp, asking where the department got certain CPS and Department of Social Services records.
Arambula’s defense saying it was done so, illegally.
Chief Jerry Dyer, disagreeing Tuesday night, saying that law, changed 12 years ago.
“What you don’t see is Lisa’s follow up email that says, she had checked with county counsel, and that they in fact, confirmed we had obtained it legally,” Dyer said. “I’m not sure why the defense did not present that, but I can tell you that there’s no one that obtained the report illegally.”
Mugridge says, the defense will likely claim the child exaggerated or lied, or has a history of doing so.
“It’s going to be difficult for the prosecutor to get a unanimous guilty verdict right out of the hoop on this case, I think they’re going to have a little bit of a problem,” Mugridge said.
He says for a misdemeanor to go this far shows the potential ramifications for Arambula, in his political and medical careers.
“Let’s back off here, and let’s take a look at what the facts really are,” Mugridge said.
Mugridge says those facts, will likely be up to a jury, to decide.
“If he in fact, actually slapped his daughter twice, and had a ring on, and left a mark on her face,” Mugridge asked. “Is that enough to be called misdemeanor child abuse.”
Both sides also submitted briefs in this case.
The daughter is expected to testify, but her face will not be shown.
Reporting in Downtown Fresno, Megan Rupe.