Once again, a Madera County judge has dismissed false
police report charges that were refiled against Madera County Sheriffs
Sergeant Darrell Hibbens. The District Attorney's office originally
filed a complaint in August 1997, charging Hibbens with three
counts of insurance fraud and one count of filing a false police report.
The first three counts were not related to his
duties. The fourth count, however, arose out of alleged false statements
made in a report documenting the investigation of a disturbance involved
high school minors drinking alcohol.
The case went to Preliminary Hearing on
January 29 and 30, 1998. Sergeant Hibbens was represented with respect
to the false police report count by PORAC LDF attorney, Stuart D. Adams,
esq., of the law firm of Goyette & Adams.
After two days of Preliminary Hearing, the false
police report charge was thrown out by the Municipal Court judge. The
judge ruled that the District Attorneys office had failed to prove that
a crime had been committed by Hibbens.
The dismissal was the subject of a prior PORAC
News article. In the prior article, Adams had expressed the opinion
that significant damage had been inflicted upon the District Attorney’s
case with respect to the false police report and he doubted that the
District Attorney would refile the charges.
Contrary to this prediction, however, the District
Attorney did refile the case in Superior Court despite the dismissal.
Adams filed a Motion to Dismiss the false police
report count. A hearing was held on May 29, 1998, in Superior Court
before Madera County Superior Court Judge Moffat.
Upon reading the brief submitted by Adams and
hearing argument at the hearing, Judge Moffat agreed with the Municipal
Court judge and dismissed the count involving the false police report.
Hibbens was elated, feeling he was one step closer to total vindication.
Adams agreed, stating, "As I said before,
significant damage was done to the District Attorney's case during
cross-examination of the key witnesses. I was surprised that the
District Attorney refiled in Superior Court.
"Usually, people say they hate to say it, but I
told you so. In this case, I do not hate to say it."
