Estimated read time: 3-4 minutes
- The Utah County Sheriff's Office has criticized the dismissal of child sex abuse charges.
- The charges against David Hamblin were dismissed without any victim or investigator testimony.
- The sheriff's office disputes claims of evidence delay, calling the dismissal "abhorrent."
AMERICAN FORK — The Utah County Sheriff's Office says the fact that neither the victim nor investigators had a chance to testify in court before the charges accusing David Hamblin of sexually abusing a child were dismissed is "abhorrent."
In a rare public rebuke of a judge's decision, the sheriff's office issued a scathing statement Thursday regarding the recent dismissal of the criminal case involving the former therapist accused of "ritualistic sex abuse."
"This complete lack of due process resulting in the dismissal of heinous charges of sex abuse of a child based on an incomplete evidentiary picture is extremely concerning," the sheriff's office said.
Fourth District Judge Roger Griffin dismissed the charges in February but was still considering at that time whether to dismiss them with or without prejudice. Last week, he announced the charges would be dismissed with prejudice, meaning they cannot be refiled. Hamblin still faces six counts of sexual abuse of a child, a second-degree felony, in separate case in Sanpete County's 6th District Court.
In 2012, Hamblin was charged in Provo's 4th District Court with 18 first-degree felonies, including sodomy on a child, multiple counts of rape of a child, and aggravated sexual abuse of a child. The case was dismissed without prejudice in 2014.
In 2022, he was arrested again after a woman came forward and claimed Hamblin made her and two other children perform sex acts and then he would critique them.
"David Hamblin was a licensed therapist whose license was revoked by the state of Utah due to allegations that he was sexually abusing his client(s). Through this investigation, it has been reported that David continues to perform 'therapy' under the guise of 'healing circles,' and upon information and belief, the abuse may be ongoing," a police booking affidavit alleges.
In February, however, the state led by special assistant attorney general Nathan Evershed filed a motion for the case to be dismissed.
"The basis for this motion is primarily based upon evidentiary concerns which have emerged in the case. Additionally, discovery problems have persisted in this vast and extensive case, which is a secondary factor in this motion," according to the state's motion.
In their motion to have the case dismissed with prejudice, defense attorneys argued it took 2 1/2 years for exculpatory evidence to be turned over to them.
The sheriff's office, however, said Thursday it was "shocked" that the case was dismissed "on so-called 'discovery abuses.'
"The Utah County Sheriff's Office disputes several of the alleged facts that the court included as support for this outcome in its ruling and order. Contrary to that ruling, the sheriff's office timely provided prosecutors with all evidence related to this case so that they could disclose it under the rules of discovery in criminal cases," the sheriff's office continued.
The sheriff's office says it anticipated an evidentiary hearing would be held to settle these disputes.
"But a careful examination of all the court records will clearly show that at no time were investigators nor the victim given the opportunity to present any evidence to the court to refute the defense allegations of delay and improper withholding of evidence. An evidentiary hearing was never requested, and thus never occurred. Consequently, the court was left to adjudicate these issues based on a one-sided presentation of these issues by the defense," the sheriff's office stated.
The sheriff's office says it has other evidence refuting the notion it was trying to delay handing over evidence.
"The fact that the court dismissed with prejudice these charges against David Hamblin without one word of testimony from the victim or the investigators is abhorrent," it said.
