A judge reduced the charge to a misdemeanor. But Rodems believes Fresno's Police Department and prosecutors sought felony charges- because her estranged husband is a Fresno Police officer. Also, Rodems used to work at the department but filed a harassment complaint against her supervisors three years ago. Rodems' Defense Attorney Jeffrey Hammerschmidt asked a judge to dismiss the case- calling it selective prosecution. Judge Tyler Tharpe issued a five page ruling late Monday. The judge wrote: " ... [Rodems] has presented "some evidence" and made a "credible showing" that ... Fresno County law enforcement has targeted [Rodems] because of her prior internal affairs complaints and/or her husband's employment with the Fresno Police Department." But the judge did not dismiss the case at this point. Hammerschmidt said, "We also don't want them to single out individuals for prosecution to get back at them because they made an internal affairs complaint about treated unfairly."
Chief Jerry Dyer previously supported how his officers handled the Rodems controversy, but the judge will further review a small act of vandalism with big consequences. The judge ordered the Fresno Police Department and district attorneys office to turn over documents showing how they handle vandalism cases. Judge Tharpe is scheduled to privately review the evidence on January 7th.
Action News asked District Attorney Elizabeth Egan for a comment about this case, but her office has not responded to our request.