criminal attorney<\/a>\u00a0with an email giving my opinion about the case investigation.\u201d<\/p>\nTong said, \u201cI sent an email based on the information that I had at the time which was incomplete.\u201d Tong stated that, \u201cLooking back, I now believe that this email was requested to help Srikureja\u2019s attorneys win Srikureja\u2019s criminal case.\u201d<\/p>\n
The criminal case against Srikureja was subsequently dismissed in September 2013 by the DA, based upon information that had been received, including the email from Tong.<\/p>\n
Following the conclusion of Srikureja\u2019s criminal case, Ruby Dillon, Lexi\u2019s mother, according to Tong, reached out to him for help.\u201d Tong said, \u201cRuby gave me 3300 pages of discovery instead of the 300 pages of discovery that I had been given by Srikureja\u2019s attorneys.\u201d<\/p>\n
After reading the 3,300 pages of legal documents, Tong said, \u201cThat\u2019s when I knew I had been a pawn used to beat the criminal case against Srikureja.\u201d<\/p>\n
Tong said he was convinced after seeing the evidence that he needed to contact the court and submit a declaration to help Lexi.<\/p>\n
Tong said, \u201cI, without taking any money from the mother, prepared a declaration to the Orange County Family Court (OCFC) and Judge Glenn R. Salter.\u201d\u00a0 Tong indicated that, \u201cMy declaration essentially told Judge Salter that I questioned the accuracy of Judge Waltz\u2019s Final Statement of Decision that Mahatep Srikureja did not sexually abuse his daughter and that Ruby Dillon coached her daughter to make false allegations of child sexual abuse against father.\u201d<\/p>\n
Tong recalls recently, \u201cI received a 5 page fax from Judge Salter, regarding an Order to Show (OSC) the Judge filed against himself.\u201d \u201cThe OSC said that I was being held in contempt of court with sanctions against me and that he was ordering me to retract my declaration.\u201d<\/p>\n
Tong said, \u201cI was also ordered by Judge Salter to destroy the 3,300 pages of discovery that I had received from Ruby Dillon and approximately 500 emails between the clients, their attorneys, and myself.\u201d<\/p>\n
Tong said, \u201cAlthough an evidentiary hearing was scheduled to argue the Judge\u2019s OSC, the Judge took the hearing off calendar and I was never able to provide testimony.\u201d<\/p>\n
Tong stated that he is still bothered by a number of other facts in this case even though he is no longer involved in it.<\/p>\n
Tong said that, \u201cIn a case involving allegations of child sexual abuse in a Family Law case, a \u20183118\u2019 expert (California Family Code, Section 3118) is appointed so that the issue of sexual abuse can be resolved.\u201d \u201cThis did not occur in Lexi\u2019s case.\u201d<\/p>\n
Tong stated that, \u201cJudge Salter took the word of a police officer that Lexi was not sexually molested but instead, was coached by her mother.\u201d Tong argues that this is not expert testimony and should not have been used in place of expert testimony.<\/p>\n
Also, Tong was adamant in his statements to me that he based his information solely on the incomplete documentation that he had received. He stated further, and was just as firm in his stance, that, \u201cI never gave an opinion as to whether sexual misconduct occurred on the part of Srikureja because I was not given all of the evidence to review before I could render an opinion.\u201d<\/p>\n
Tong added, in hindsight, \u201cPursuant to Rule 704, only the Judge or Jury (Judge in this case) is supposed to make a determination on \u2018The Ultimate Issue\u2019, whether or not Lexi was in fact sexually abused.\u201d \u201cAnd, in my opinion, Judge Waltz acted outside of his judicial authority and became this case\u2019s 3118 expert when he ruled Ruby Dillon coached her child.\u201d \u201cCoaching in a child sex abuse case should not be unilaterally decided upon by a Judge,\u201d said Tong. \u201cThat is for an expert to decide.\u201d<\/p>\n
Tong went on to say that, \u201cIn my opinion, there was no evidence that I saw which shows that the mother coached Lexi, as had been testified to by the police officer.\u201d<\/p>\n
Additionally, Tong said that it concerns him that, \u201cDr. Sheffner, the court-appointed M.D. Psychiatrist and 730 child custody evaluator, also never saw Lexi\u2019s multiple CAST DVD interviews.\u201d<\/p>\n
Finally, Tong stated that he was also concerned that, \u201cThe Family Law Judge at the time, Judge Waltz (the judge prior to Judge Salter), gave sole custody to the father based upon Waltz\u2019s belief that the mother had made false allegations of sexual abuse against the father, while the criminal case pertaining to this issue was still ongoing and unresolved.\u201d<\/p>\n
It would appear that there are many unresolved issues and concerns in this case that may need to be revisited at some later time.<\/p>\n
However, what is clear, is that Lexi Dillon appears to be no closer to being returned to her mother than she was following Judge Waltz\u2019s ruling that awarded sole custody to her father, Srikureja over a year ago.<\/p>\n
And chillingly, where is Lexi Dillon? Who has custody of her and who is raising her? Is Lexi Dillon\u2019s \u201cbest interest\u201d superseding everything else in this convoluted case? YOU be the Judge!<\/p>\n
___
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