OC judge dismisses indictment against Mission Viejo woman accused of poisoning her husband with Drano

SANTA ANA, Calif. (CNS) — An Orange County Superior Court judge Friday dismissed an indictment against a Mission Viejo dermatologist accused of poisoning her husband — also a physician — by putting Drano into his tea.

But prosecutors said they plan to re-file charges against Yue “Emily” Yu.

The case against Yu has been beset by legal issues since the beginning of the year, when Orange County Superior Court Judge Patrick Donahue allowed prosecutors to file a new indictment with added charges of attempted poisoning.

“We are grateful that the court closely examined the proceedings that produced this charge and recognized that the process by which the indictment was obtained was fundamentally flawed,” Simmons said. “Emily Yu should not have been indicted. From the outset, Emily has maintained that she did nothing wrong and has placed her faith in a fair and impartial legal process. We thank the court for its diligence and ask only that Emily Yu now be allowed to rebuild her life in peace.”

Wagner and Simmons said they would immediately move to dismiss the case again if prosecutors attempt to re-file the case — something the District Attorney’s Office quickly indicated it plans to do.

Attorney for OC doctor accused of poisoning husband claims he just had acid reflux

“We are re-filing this case,” Orange County District Attorney’s Office spokeswoman Kimberly Edds said in a statement. “We believe in the strength of the evidence in this case, and in the professional conduct of our prosecutors. We will continue to litigate this in a court of law as we pursue justice for an individual who was being methodically poisoned by his wife, a licensed medical professional whose intent was to inflict pain on him.”

Yu was “relieved” when the indictment was dismissed, her attorneys said.

“She really wants to move on with her life,” Simmons said. “She hasn’t practiced medicine this whole time. It’s really a bummer for her and she hasn’t been able to see her children.”