OAG made to explain why it should not be sanctioned

With just three business days before a jury trial, the Office of the Attorney General sought to have its case against a man accused of sexual abuse dismissed, prompting the judge to require an explanation from the OAG on why it should not be punished.

Superior Court Associate Judge Joseph N. Camacho set a show-cause hearing today, Thursday, at 1:30pm, so that the OAG could explain why it should not be sanctioned.

Camacho also set a hearing today, Thursday, at 1:30pm on the OAG’s motion to dismiss the case against David Blanco Santos. The OAG’s request would allow the government to re-file the case in the future.

The jury trial was set for Monday, June 19.

In the government’s motion to dismiss, assistant attorney general Teri C. Tenorio disclosed that the victim has expressed an inability to testify.

Tenorio said the government believes good cause exists to dismiss the case, given the extensive literature about trauma experienced by victims of sexual assault after testifying at trial.

“Without the cooperation and testimony of the victim, the Commonwealth does not believe it can prove its case beyond a reasonable doubt,” Tenorio said.

The prosecutor said that, while reserving its right to re-file charges in the event more evidence becomes available or future offenses involving Santos occur, the Commonwealth believes it is in the interest of justice to dismiss this case.

Camacho pointed out that this case had two pretrial conferences and that last May 17, he asked the parties if there were any issues as to the discovery, witnesses, and exhibits. He was told there were no issues.

Camacho said that court marshals have already started serving jury summons. He noted that potential jurors have to make arrangements around their schedule to make time for the trial, such as babysitting, applying for work leave, and others.

Last May 15, Camacho denied the OAG’s request to continue the trial set for June 19. He noted that the case was originally filed in December 2016, which means that prior to filing charges, the OAG should have or would have reviewed the evidence, interviewed witnesses, etc.

Camacho said the jury summons are already in the process of being issued.

The judge pointed out that the Marshal Service Division needs at least four weeks to serve the jury summons.

Camacho added that the jury trial has already been reset once.

Last May 12, four weeks before the trial, Tenorio filed a motion to reset the trial, saying Santos and the alleged victim had a recent death in the family. That request was denied.

The judge then ordered that the June 19 jury trial shall proceed.

Santos, 50, a former Department of Public Works employee, is charged with a count of sexual abuse of a minor in the second degree and a count of disturbing the peace. He pleaded not guilty.

According to the information, Santos sexually abused the girl, on Aug. 2, 2016, when she was just 15 years old.