WOODLAND, Calif. – In Yolo County Superior Court Friday, Judge David Rosenberg dismissed felony domestic violence charges against a man after his wife admitted in court that she fabricated the entire incident.
The accused had been charged with domestic violence under Penal Code section 273.5 and assault by strangulation, both felony offenses.
During the preliminary hearing, the wife testified under immunity that she falsely told police her husband had strangled her. She said she scratched her own neck to create the appearance of an attack. The wife explained she lied because she believed she would be arrested, noting that in a prior dispute, officers detained her instead of her husband.
According to her testimony, the two had been drinking when she became upset, accused her husband of taking her bracelet, and scratched him during an argument. Later, she called 911 and reported that she had been strangled, but told the court, “I knew I was going to jail, so I made something up.”
Deputy District Attorney Danielle Dunham argued that the wife was minimizing the severity of the situation to protect her husband, while Deputy Public Defender Richard Van Zandt said her testimony reflected accountability and remorse, adding that the case lacked credible evidence from the start.
Judge Rosenberg described the case as “the king and queen of all recants,” finding there was no strong suspicion that a crime had been committed and dismissing all charges.
The judge noted that while the wife’s false report could have been charged, her testimony was protected under an immunity agreement granted by the prosecution.
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