Community Corner
'We Proved Him a Liar,' Says Child Molest Defendant as Case is Dismissed
Judge Joseph Brannigan dismissed the case of La Mesan Russell Cilibraise III, after a mistrial was declared on April 23.
La Mesan Russell Cilibraise III, who was accused of and stood trial for with his 18-month-old son in June 2011 in a Vons supermarket bathroom, was freed from custody Monday after his case was dismissed in El Cajon Superior Court.
The trial was one week ago, after the jury stood "hopelessly deadlocked" and it was decided that further deliberation would not result in a verdict.
At that point, the jury had 9 votes for not guilty and 3 votes for guilty.
Find out what's happening in La Mesa-Mount Helixwith free, real-time updates from Patch.
Deputy District Attorney Claudia Grasso said Monday that the district attorney's office was not going to pursue a retrial in the case.
"At this point we will be dismissing this case in the interest of justice," she told the court, at which point Cilibraise's wife, Iliana, who was seated in the courtroom, buried her head in her hands and began to weep.
Find out what's happening in La Mesa-Mount Helixwith free, real-time updates from Patch.
Judge Brannigan spoke to Cilibraise about the case and the accusations against him.
"Mr. Cilibraise, I’ll just make a few comments. I don’t know what took place in that restroom. I wasn’t there. I’ve listened to the evidence, I have my thoughts but it really doesn’t matter," Brannigan said. "What matters is what the jury decides."
Brannigan continued: "I’ll just leave you with some alternative suggestions to you, Sir. If what [the 10-year-old eyewitness] said was true, then obviously there’s a problem you need to address. You need to deal with it. You need to get some help with that problem. If what [the eyewitness] said is not true, then good luck with your future."
Cilibraise, dressed in a navy blue jail-issued jumpsuit, then spoke on record for the first time throughout the course of the trial.
“Thank you for your comments, Your Honor. And [defense attorney] Ms. Hearn, as far as what the witness goes, we proved him a liar. Thank you.”
After the proceedings, the now freed defendant embraced his wife and other family and friends that were in attendance. He was not immediately released, as he has to properly get processed out of the George Bailey Detention Facility, where he has been since being arrested last June. It is expected that he will return home to his family later in the evening.
Iliana Cilibraise declined to speak with La Mesa-Mount Helix Patch after the hearing.
Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.