While this is not the first time charges have been dropped, the Utah County Sheriff’s Office said it was shocked by the judge’s decision.
Utah County Judge Roger Griffin ruled to grant a motion issued by the State of Utah to dismiss the case on March 20, which was brought forward over evidentiary concerns and discovery problems. Despite the State asking the Court to dismiss without prejudice, which would allow for charges to possibly be brought up in the future, Griffin ruled to dismiss the charges with prejudice.
In his ruling, Griffin said the decision to dismiss the case with prejudice was not made lightly.
“Allegations like the ones raised in this case require careful scrutiny. Sexual abuse is abhorrent and elicits a sense of deep horror and revulsion,” wrote Griffin. “However, it is our respect for fundamental rights protected by our constitutions that requires that a criminally accused defendant be given a fair trial.”
Griffin said it was issues over alleged failures to disclose evidence that resulted in the impossibility for a fair trial and process.
But the Utah County Sheriff’s Office argued its investigators had provided all relevant evidence to the prosecution in a timely fashion. They further say the previous prosecutor’s office had even reviewed evidence with the defense and the defense attorney acknowledged that they had received everything.
“Despite this acknowledgment, the defense later alleged that a specific report detailing an interview with the victim had been withheld,” the Utah County Sheriff’s Office said in a statement. “The court relied on this allegation to support its dismissal order. But the Sheriff’s Office had sent this specific report, along with the entirety of this case, to the prosecutor in September of 2022, shortly following David Hamblin’s arrest.”
The sheriff’s office said the prosecutor had then confirmed that all discovery, including the interview with the victim, had been disseminated.
While Judge Griffin said he considered arguments from counsel from both the defense and the State, the sheriff’s office claimed an evidentiary hearing to discuss any issues with discovery was never held.
The sheriff’s office said if an evidentiary had been held, the alleged victim in the case would have been able to provide “critical context” in the case that would have been able to resolve issues raised by the defense.
“This complete lack of due process resulting in the dismissal of heinous charges of sex abuse of a child based on an incomplete evidentiary picture is extremely concerning,” The sheriff’s office statement continues, later adding, “The fact that the court dismissed with prejudice these charges against David Hamblin without one word of testimony from the victim or the investigators is abhorrent.”
ABC4 has reached out to the Fourth Judicial District Court in Utah County for comment who said they were unable to speak on specific cases. The Court instead pointed ABC4 toward the case history saying, “Let the record speak for itself.”
Court records show Hamblin still faces several second-degree felony child sex abuse charges in a Sanpete County court. His next hearing is scheduled for Wednesday, April 2.
The Office of the Utah Attorney General told ABC4.com it was unable to comment on the statement released by the Utah County Sheriff’s Offices, citing the ongoing case in Sanpete County. However, the AG’s Office added that the prosecutors acted “appropriately and ethically” in their efforts, given the information available to them.
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