Eva Ruiz Gomez was falsely arrested in September 28, 2010, for the felony kidnapping of her own son despite that in 2002 she was given full legal and physical custody and permission by the Family Law Court in Monterey to move to Mexico with him.
On that day in September 2010 her son was forcibly taken from Carmel Middle School by his biological father and the Monterey County DA's investigator, using a court order issued at a hearing held without Eva's knowledge or particpation while she was living in Mexico. With the promise of telling Eva where her son was, the DA investigator lured Eva to a location behind the courthouse in Salinas where she was brutally arrested under false charges and taken to jail, leaving her husband Mailo holding their 11-month-old baby.
Two years and more than 60 courtroom hearings later, not one of the four district attorneys who have been involved in Eva's case has been able to articulate which of the three conflicting court orders Eva has violated or how. Eva’s case is an egregious miscarriage of justice on the part of law enforcement and judiciary with her right to due process violated in too many ways to enumerate.
Since the day of Eva’s arrest, her family’s lives have been turned upside down in an irreversible way. Eva faces three years in state prison if found guilty. As you would expect, their family’s reserves (financially and emotionally) are depleted. Most people have no idea how expensive it is to defend oneself in a court of law, even if you are innocent. Eva has shown tremendous personal integrity and courage in refusing to “cop to a plea bargain,” despite enormous pressure from the authorities to do so. She refuses to plead guilty when she is not.
Please visit the Friends of Eva website for more information: http://friendsofeva.org/
- District Attorney, Monterey County, California
District Attorney Dean Flippo
Is the continuing prosecution of Eva Ruiz Gomez an intelligent use of court time and Monterey County taxpayer money? We believe not.
Eva Ruiz Gomez has been branded a criminal because she missed one custody hearing – a custody hearing that was set up and held without her knowledge. Why did she not know about the hearing? Because she was living in Mexico and was never properly notified.
This woman is not a criminal. Eva is the hard-working, loving and conscientious mother of three children. She has a daughter in her third year of college, a son in his first year of high school and a 3-year-old daughter. She has a devoted husband of 10 years, who works 2, sometimes 3, jobs to provide a decent life for their family.
Eva has no prior record of breaking any laws yet she now faces the nightmare of being torn from her children and husband, and sent to State Prison for three years.
Ten years ago, the Monterey Superior Court gave Eva full legal and physical custody of her son and permission to move to Mexico with him. When Eva returned to Monterey, she was arrested for felony kidnapping of her own son based on a change in the custody order – a change that happened without her knowledge – and without her participation.
There are three conflicting court orders in this case, two which Eva followed and one unknown to her until her arrest. This is a civil dispute that should never have been made subject of a criminal prosecution.
Since the day of Eva’s arrest in 2010, hers and her family’s lives have been turned upside down in an irreversible way. They are daily and constantly under enormous stress. They have been pushed to the edge of financial ruin, borrowing thousands of dollars to keep Eva’s defense going.
Yet two years into this case, the prosecutor has never told which court order Eva violated. Mr. Flippo, we ask you to spell out exactly how Eva violated a court order, and which order she violated.
We ask you to look closely at the documents and evidence of this case. And then, Mr. Flippo, we urge you to DISMISS ALL CRIMINAL CHARGES AGAINST EVA RUIZ GOMEZ.
This woman is not a criminal. Give her back to her family, and give them back their lives.
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