On the morning of Jan 25, in Judge Larry Hayes’ courtroom, all criminal charges against Eva Ruiz Gomez were dismissed!  Reporters from the local newspapers and TV were present, as well as Blanca Zarazua, Salinas representative of the Mexican Consulate, and a large number of family and friends filled the courtroom to support Eva.

Judge Hayes concluded the hearing with these remarks (quoting from the transcript):”So I’m finding there’s a lack of sufficient evidence to show there was any malicious taking, concealment or deprivation of visitation rights of the father. Another factor to me is if she had this motive, why in the world would she return to Monterey County, where the father is, in 2009? Again, I believe the best place for this to all have been resolved is in the Family Law Court. It wasn’t. It had been brought to the court here for criminal proceedings. And I just don’t find there’s sufficient evidence to show malice, given the uncertainty of the order, at a minimum. If my interpretation is correct, she was authorized to take the child to Mexico. So I will dismiss the charges and grant the motion.”

Here are the links for media coverage of Eva’s day in court:

Dismissed in the interest of justice, Marina Gazette, Feb 2013

While this was a huge victory for Eva, her family and all those who have supported her through this 2&1/2 year long ordeal, it is not the end of her struggle.  Still she needs to regain full legal custody of her son and the right to return home to Mexico.

But this very positive outcome in court will go a long way towards that end, and enormous thanks to the many people who has contributed towards this success!

 eva at dismissal

eva & vivi dismissal