Spitzer detailed a timeline of the investigation of Dr. Grant Robicheaux and Cerissa Riley at a news conference in which he said a full review of the case by his office's executive team found a lack of evidence.
"There is not a single piece of evidence or video or photo that shows an unconscious or incapacitated woman being sexually assaulted. Not one,'' he said.
Spitzer lambasted former D.A. Tony Rackauckas for allegedly botching the investigation. Spitzer accused Rackauckas of making a public "misstatement'' that there may be up to 1,000 potential victims, a claim that prompted hundreds of phone calls into the district attorney's office and made national headlines.
Spitzer said his office would be filing papers this week seeking the dismissal of the case, though it was not immediately clear when a hearing would be held.
In an unsual move, Spitzer offered a public apology to Riley and Robicheaux, who previously appeared on the Bravo TV show "Online Dating Rituals of the American Male."
"What happened to their lives and how this case materialized is nothing short of a travesty," he said. "Based on the evidence and the manner in which this case unfolded, this office could not ensure a fair trial for the defendants or meet its burden of proof. This office will always be fair. We will never try to manufacture evidence, manipulate evidence, put on a case or do anything that's not respectful of both the victims and the defendants."
Spitzer added that the public and media were led to believe that there was video evidence that confirmed thousands of victims whom the couple was suspected of recording in multiple cities.
"I hope that together we can do as good a job as getting the word out about what had originally been thought to have occurred and been alleged, and get the word out as to that there was two individuals who were mistreated by the system and they didn't deserve it because of a re-election," he said.
When Spitzer was running against Rackauckas in 2018, he ripped the former D.A. for playing politics with the case to get publicity for his re-election effort. At one point, the two had dueling news conferences outside of the Harbor Justice Center in Newport Beach on the case.
During the hour-long press conference, Spitzer claimed Rackauckas used the case for campaign purposes. He also showed reporters a video of Rackauckas' deposition in June of 2019, when he admitted to exploiting the case for his re-election bid.
Rackauckas confirmed that the publicity from the case that gained national attention would be helpful for his campaign.
Attorneys for the defendants criticized prosecutors for not turning over an email from one alleged victim, who said she did not want to proceed with her part in the criminal case because she objected to Spitzer. The woman said she felt Spitzer used the victims in this case for his own political stunt against Rackauckas, according to the woman's email sent in November 2018.
The case was bogged down with many legal skirmishes and politics since Rackauckas announced charges.
In October, Spitzer revealed that he asked the Attorney General's Office to consider taking over the case due to a perceived conflict of interest, but state prosecutors said Spitzer could continue working the case.
At the time, Spitzer added he wanted to ensure that the "rights of the victims in this case, as well as the rights of the defendants, are protected as is my duty under the law.''
Robicheaux, 39, and Riley, 32, have pleaded not guilty to drugging and sexually assaulting multiple victims.
Robicheaux is charged in connection with seven victims, while Riley is charged with five.
Prosecutors have contended that the two would take advantage of their good looks to meet women in restaurants or bars, then drug them and lure them back to Robicheaux's apartment, where they were sexually assaulted.
Another unusual aspect of the case is how a civil suit filed by an alleged victim created issues in the criminal case. Usually, civil litigation is suspended while a criminal case proceeds, but both the civil suit and criminal case have been proceeding together with one of the defense attorneys conducting depositions in the civil litigation.
Spitzer said he thought some of the statements made in the depositions of Rackauckas and his former chief of staff Susan Kang Schroeder were "disturbing and confirmed to me the validity of all the accusations of impropriety that I levied against the former district attorney and his chief of staff.''
City News Service contributed to this report.
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