SAN DIEGO — The San Diego County District Attorney's office said it will not seek a second trial against a jail doctor accused of criminal negligence in the 2019 death of inmate Elisa Serna.
Dr. Friederike C. Von Lintig and Nurse Danalee Pascua were both charged with involuntary manslaughter. Last week, a jury acquitted Pascua, but deadlocked on a verdict for Von Lintig.
During a hearing Wednesday morning, charges were dismissed against Von Lintig. Prosecutors told the judge they "left everything on the field." They said there is nothing more they could add to this case that would change the outcome.
Superior Court Judge John Thompson said prosecutors put on a complete and thorough case. He said it would be difficult to put the blame on two people when "there is clearly plenty of fault to go around in this case." He called Serna's death untimely and tragic.
Dr. Von Lintig declined to comment to CBS 8. However her defense attorney, Dana Grimes, spoke on her behalf.
"We've always known she was not criminally negligent," said Grimes. "It's been a longtime coming, but she's now been vindicated by the jury's result and echoed by the court."
Cameras were not allowed inside the courtroom for Wednesday's hearing or for any of the three week trial.
"It's been difficult for Dr. Von Lintig, but it's not lost on her that at the end of the day, this is a tragedy that Ms. Serna passed away," said Grimes. "She thinks of her patients first and has continued to do that throughout the trial."
Serna's mother, Paloma Serna, called the decision today not to retry Von Lintig disappointing.
"It was frustrating," she said during an interview after the hearing.
"She's not forgotten we're still fighting," she said tearfully.
A federal civil rights case was put on hold due to the criminal trial, but that will now move forward. Both Pascua and Von Lintig are named in that case too, along with the County of San Diego and former San Diego County Sheriff Bill Gore.
"In the criminal case you cannot hold an entire system responsible for someone's death, as [Judge Thompson] made very clear today, it was a systemic failure, multiple failures to act that caused Elisa to suffer so terribly and then die," said Serna family attorney Grace Jun.
"What we are alleging against the sheriff's department and the entity is a pattern and practice of neglecting seriously ill inmates," said Jun. "A pattern and practice of accusing inmates of faking it, malingering, and completely ignoring them when they beg for help."
"One way or another, they are going to be held accountable," said Serna. "And that day is going to come."
A hearing is set for March 11 in federal court.
WATCH RELATED: East County San Diego nurse pleads not guilty in inmate death at Las Colinas