Santee

A San Diego Municipal Court judge on Monday dismissed charges against a Santee woman, who allegedly gave her teen-age son and daughter marijuana, after the teen-agers refused to testify against their mother in court.

Victoria Wimberly, 35, said she was delighted by the district attorney’s decision to request the dismissal of the charges which stem from a complaint filed by her 14-year-old son and 16-year-old daughter.

The two children went to authorities and told them that the boy was forced to perform in group sex parties while high on narcotics. They said that the boy had been having sex with his father’s friends since he was 11 and that many times photographs were taken.

However, the children did not wish to incriminate themselves by testifying against their mother, said defense attorney Elliot Lande.

“This case (against the mother) was really an oops on the part of law enforcement,” Lande said, arguing that the real case was against the father and his girlfriend.

Lande said that the children wanted to turn in their father but not their mother. He said that both children were surprised when authorities arrested their mother.

Clifford Wimberly, 36, a construction worker, is charged with 30 counts of sex-related offenses with a minor and two counts of supplying narcotics to a minor.

He is in jail in lieu of $500,000 bail.

Carol D. Swenson, 23, of El Cajon, was arrested on similar charges. She allegedly engaged in repeated sex acts with the son and supplied drugs to Wimberly’s children.

The sex acts allegedly took place between September, 1984, and August, 1986, Lande said.

Both Swenson and Wimberly have pleaded innocent to the charges.

Deputy Dist. Atty. William Collins said that he was not disappointed in the dismissal of the two drug-related charges against the mother.

Collins said that the father and Swenson will go to preliminary hearing on Jan 21.

He said he is not sure whether the teen-age children will testify at that time.