On the morning of Jan 25, 2013, before a courtroom filled with Eva’s family, friends and supporters, along with Blanca Zarazua from the Mexican Consulate, plus TV and newspaper reporters, Judge Larry Hayes dropped all criminal charges against Eva and dismissed her case!
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.”
Dismissed in the interest of justice, Opinion Page, 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. See KSMS TV News interview with Eva following dismissal
Monterey Herald reporter Claudia Melendez interviews Eva after dismissal about the end of her ordeal See the video