The judge on Wednesday also vacated a scheduled July 8 preliminary hearing in the case.
A Solano County Superior Court judge on Wednesday dismissed a felony case against a Fairfield man suspected of kidnapping and sexual assault in January because the deputy district attorney was unable to show cause.
Judge Jeffrey Kauffman dismissed the case against Gleen Alan Dunn, 62, during the morning session when Deputy District Attorney Elaine Kuo was unable to fulfill the show-cause order, official court records indicated. The judge also vacated a preliminary hearing scheduled for July 8 in the Justice Center in Fairfield.As previously reported, detectives from the Suisun City Police Department responded to Kaiser Hospital in Vallejo Jan.
Dunn was taken into custody on Jan. 30, and booked into the Solano County Jail on suspicion of several felony charges, including kidnapping, false imprisonment, rape by force and threat, assault with intent to rape and making criminal threats. Over the following weeks and months, the defense attorney and prosecutor discussed the facts of the case and it remained unresolved until Wednesday.
Details on why Kauffman dismissed the case are somewhat unclear from court records, but, generally, a prosecutor will go forward with a case if he or she believes the charges are supported by probable cause, that the evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interest of justice.
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