Criminal charges against developer Ray Marshall
stemming from the U.S. Olympic Committee
headquarters project will be reinstated after the District Attorney's Office
won a reversal of the 2012 decision by District Judge Barney Iuppa
to dismiss those charges.
The Court of Appeals decision, dated April 10, 2014, but only released by the DA's Office this week, says Iuppa erred when dismissing the charges and that they should be reinstated.
Marshall, who declared bankruptcy recently
, was indicted in late 2009 on a series of fraud charges stemming from his development activities. In February 2012, he was charged again with crimes alleging he took money from the deal with the city, El Pomar Foundation
and the Olympic Committee to build a USOC headquarters here.
As we previously reported, according to an arrest warrant, Marshall allegedly stole more than $1 million
from the USOC project, including $400,000-plus
in El Pomar grant funds. Marshall allegedly set up duplicate accounts to disguise stolen funds, and delayed responses when asked how money was being spent.
Although prosecutors proposed joining the two criminal cases back in 2012, Marshall objected and Iuppa denied the prosecution's motion. Then, after he was acquitted in the first case, Marshall asked Iuppa to dismiss the second case because the two cases should have been joined in the first place but weren't.
From the Court of Appeals decision:
This appeal asks this question: Does defendant’s successful objection to the prosecution’s motion to join the two cases bar defendant’s subsequent motion to dismiss the second case because it was not joined with the first? We conclude, under the circumstances of this case, that the answer to this question is “yes.” As a result, we reverse the trial court’s judgment dismissing this case, and we remand it to the trial court to reinstate the charges.
Here's the ruling:
See related PDF