Judge dismisses indictment against Orange County doctor accused of poisoning husband with Drano
An Orange County judge dismissed the indictment against a doctor who allegedly poisoned her husband with Drano on Friday.
The judge dismissed the indictment after the prosecutors denied the jury's request to see evidence that supported Emily Yu's case.
This is the second time charges against Yu have been dismissed. The first time happened in January after the Orange County District Attorney's Office wanted to add an attempted poisoning charge. The DA's office said they filed the motion to dismiss in January because a key witness couldn't appear on the first day of Yu's trial.
Prosecutors plan to file charges for a third time. Yu's attorneys said they plan to immediately file a motion to have the new charges dismissed.
According to a grand jury indictment from 2023, Yu was charged with poisoning and domestic battery after investigators obtained hidden camera footage of her pouring Drano into a cup of lemon tea.
Her husband, Dr. Jack Chen, reported that he'd been sick for months and was diagnosed with stomach ulcers and severe internal injuries.
In early April 2022, Chen installed cameras in the family's Irvine kitchen and captured Yu pouring the drain cleaner into her husband's tea.
FBI tests later confirmed that drain cleaner was present in the drinking glass.
Defense attorneys for Yu claim that she was not trying to poison her husband. They said she was pouring Drano into the tea to kill ants in the kitchen, and that her husband had suggested the method. The couple was in the middle of a divorce at the time.
"It's our opinion that the medical evidence is inconsistent with his claim that he consumed the Drano," Yu's defense attorney Scott Simmons said in 2023. "As you know, Drano is a caustic substance. You would have severe injuries from consuming the Drano. The injuries that he claims are from the Drano, we think the evidence will show that is consistent with what's known as GERD or acid reflux."
In 2023, Chen's lawyer said there are hours of hidden camera video available to prove their case, and that he is now doing better after taking time to recover from the stomach ulcers.
