A judge has dismissed the case against an Orange County dermatologist, accused of attempting to poison her husband, citing evidence suppression by the district attorney’s office.
Yue “Emily” Yu was taken into custody in 2022 after allegations surfaced that she was using Drano, a toxic chemical used for unclogging drains, to poison her husband by adding it to his drink. Surveillance footage reportedly shows Yu pouring the substance into a container on the kitchen counter.
Her husband, Jack Chen, reported that he began detecting a “chemical taste” in his lemon tea, which led him to install surveillance cameras. He claimed that ingesting the chemical resulted in him being diagnosed with two stomach ulcers, gastritis, and esophagitis.
The FBI conducted tests that confirmed the presence of drain cleaner in the drinking glass.
Court documents reveal that Chen has footage purportedly showing Yu attempting to poison him with Drano on three separate occasions.
Yu’s defense team contended that she was using the Drano to combat an ant problem in the kitchen, allegedly at Chen’s suggestion. The couple was reportedly undergoing divorce proceedings at the time of the incidents.
“He’s falsely claiming that she’s trying to poison him,” defense attorney Scott Simmons had said. “Instead of calling 911, he calls a divorce lawyer.”
The defense also claimed Chen’s diagnoses were more likely from acid reflux and not the cleaner.
The dismissal Friday was a result of prosecutors denying the jury’s request to see evidence that supported Yu’s defense.
“We are grateful that the court closely examined the proceedings that produced this charge and recognized that the process by which the indictment was obtained was fundamentally flawed,” Simmons said. “We thank the court for its diligence and ask only that Emily Yu now be allowed to rebuild her life in peace.”
This is the second time the case has seen dismissal. In January, the district attorney’s office filed a motion to dismiss charges after a key witness was unable to appear on the first day of trial. It came after the office added an attempted poisoning charge to replace a 2023 indictment.
A spokesperson for the Orange County District Attorney’s Office told NBC4 that “we are refilling this case. We believe in the strength of the evidence in this case, and in the professional conduct of our prosecutors.”
Defense attorneys said they would immediately move to dismiss another case against Yu.
