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Case against ex-San Fernando councilwoman dismissed

San Fernando Councilwoman Maribel De La Torre is seen walking out of the San Fernando Courthouse on Tuesday, Aug. 21, 2012.

December 12, 2012 12:00:00 AM PST
The case against former San Fernando Councilwoman Maribel De La Torre has been dismissed after the alleged victim, former lover and former San Fernando Mayor Mario Hernandez, did not appear in court.

De La Torre was facing battery and vandalism charges stemming from a fight the two had in June. The two reportedly had an affair that led to Hernandez resigning from the council in July.

Hernandez had earlier announced that he would not testify against De La Torre and said he wanted the case dropped.

A warrant was issued for the Hernandez's arrest after he failed to appear in court, but since he could not be found, prosecutors were unable to proceed with their case.

The defense made a motion to dismiss the case, which the judge granted without prejudice. The district attorney's office has six months to refile, if they choose to.

De La Torre lost her council seat in a November recall election.