Nick Muyo, Public Information Officer   CONTACT PERSONS:
Nick Muyo, Public Information Officer
(408) 792-2826
Amy Cornell, Public Information Officer
(408) 792-2997   For release on Wednesday, January 6, 2010     STATEMENT FROM DISTRICT ATTORNEY DOLORES CARR REGARDING TODAY’S RULING BY SUPERIOR COURT JUDGE ANDREA BRYAN   The District Attorney's Office is very disappointed by the court’s dismissal of the case against Agustine Uribe, convicted in 2006 for the sexual assault of his then 7-year-old grand daughter. We agree that Valley Medical Center should have provided the videotape of the child’s medical examination to both attorneys. However, the decision to erase the conviction and set Uribe free does not serve the cause of justice. A retrial would have allowed a jury to decide the importance of that videotape evidence.   We believe the ruling is both factually and legally flawed and exceeded the judge's authority in this matter. We are considering our appellate options.   We are also troubled by the judge’s findings regarding Deputy District Attorneys Troy Benson and Victoria Brown. We have looked closely at Mr. Benson's work in this case. We believe he acted properly in this matter and testified truthfully about his recollection of events three years ago. We further disagree with the court’s reference to Ms. Brown’s supervision of the sexual assault team. The court’s finding regarding Ms. Brown is particularly paradoxical in light of the earlier ruling that five years before the Uribe trial, it was known among defense attorneys - including members of Uribe’s defense team - that VMC taped these examinations.   Mr. Benson and Ms. Brown have served in our Office for many years with honesty and integrity, and we stand behind them.   ###

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