SAN FERNANDO (CBSLA.com) — A battery and vandalism case against a former San Fernando City Councilwoman was dismissed Wednesday after another former council member failed to show up in court.
An arrest warrant had been issued by Judge Lesley Green for former San Fernando Mayor and City Councilman Mario Hernandez, who was to be a key witness in the trial of in the trial of Maribel De La Torre.
The Los Angeles County Deputy District Attorney’s office filed a motion at the San Fernando Courthouse around 1:45 p.m. to dismiss the case against De La Torre after Hernandez could not be found.
KNX 1070’s Claudia Peschiutta reported on Twitter that the case against De La Torre – who was charged with misdemeanor battery and vandalism in connection with an alleged June 28 run-in with Hernandez – was dismissed without prejudice, so the charges could possibly be refiled within the next six months.
Mario Hernandez has not been found. Battery case against Maribel de la Torre dimissed w/out prejudice so it could be refiled later @KNX1070—
Claudia Peschiutta (@ReporterClaudia) December 12, 2012
Hernandez admitted to having an affair with De La Torre at a City Council meeting in November of 2011.
Her attorney, Robert Steinberg, said Hernandez had indicated to his client on Sunday that he would be in court the following day — and that De La Torre was upset after he failed to show up.
“She went up to the D.A.’s office afterwards and asked them if they found him to please take him in easily and just bring him to court without putting him in jail,” Steinberg said.
“She’s more worried about that than she is about her own case,” he said.