A Superior Court judge granted Friday the request of the Office of the Attorney General to dismiss without prejudice the case against the mother of a defendant who is charged with sexually abusing a 15-year-old girl.
The OAG may re-file the case against Rose Fernandez in the future but not if some conditions are met: that Fernandez shall not mention, discuss, or reference the ongoing criminal cases involving the victim to the victim or to any defendants in those cases; that Fernandez shall complete a parenting class at the Division of Youth Services composed of six two-hour sessions.
But as the case is dismissed, the court does not have jurisdiction to monitor the conditions, said Associate Judge Joseph N. Camacho.
Camacho vacated the pretrial conference set for today, Monday, and the jury trial set for Sept. 4, 2018.
The OAG charged Fernandez with child abuse for allegedly talking to the alleged victim.
The OAG also charged the child’s mother, Francisca S. Osilek, for allegedly asking the girl to drop the charges. The case against Osilek is pending in court.
Last month, Camacho denied the OAG’s motion that requested to reconsider his dismissal of one of two charges filed against the 35-year-old Jeffry Manarang Fernandez. Jeffry Fernandez is the son of Rose Fernandez.
In his May 23 order, Camacho determined that the OAG has overcharged Jeffry Fernandez.
Charging both sexual assault in the first degree and sexual abuse of a minor in the first degree would expose Jeffry Fernandez to multiple punishments for the same offense, said Camacho in an order that granted Fernandez’s motion to dismiss the charge of sexual assault in the first degree.
The judge noted that the alleged offenses both arise out of the same alleged act.