LOS ANGELES : Judge Refuses to Dismiss Charges in Castration Case

A judge refused this week to dismiss battery charges against a woman who says she acted in self-defense when she cut off her husband’s testicles with a pair of scissors.

“Even without any newly discovered evidence, I felt that a dismissal would not be warranted, and I still feel that way,” said Superior Court Judge Robert O’Neill, who rejected a similar motion in April.

Aurelia Macias, 36, was acquitted of mayhem and assault with a deadly weapon in March in connection with a September, 1990, attack on her husband, Jaime.

The jury deadlocked 7 to 5 in favor of acquitting her on a charge of battery with serious bodily injury. She is to stand trial again on that charge in August.

Deputy Public Defender Nan Whitfield told O’Neill on Thursday that in the interest of justice the case did not warrant a second trial. Whitfield maintained that Jaime Macias has never wanted the case prosecuted.

She told the judge that the attention surrounding the case was destroying the couple’s family. Their children have threatened to run away from home if the matter continues, she said.

During the trial, the defense said Aurelia Macias had endured a violent, 17-year marriage and was acting in self-defense. Prosecutors contended the woman attacked her husband because he had flirted with a woman at a party.