ATLANTA- The trial of a man accused of sexually assaulting an 8-year-old girl aboard Delta Air Lines (DL) Flight DL1831 from Guatemala City (GUA) to Hartsfield-Jackson Atlanta International Airport, Atlanta (ATL) has been dismissed after prosecutors failed to secure the alleged victim’s appearance in court.
The US District Court for the Northern District of Georgia dismissed the indictment against the defendant after ruling that prosecutors did not act diligently in ensuring the child could testify at trial. According to PYOK, the court found that the government failed to subpoena the victim or arrange her return from Guatemala before the scheduled proceedings.
Delta Flight Child Abuse Trial Collapses
C. Morales was indicted in September 2025 on one count of knowingly engaging in, or attempting to engage in, a sexual act with a child under the age of 12. He pleaded not guilty the following month, and jury selection was scheduled to begin on July 22, 2026.
Court documents state that the alleged incident occurred on August 27, 2025, while Morales was traveling on Delta Flight DL1831 between Guatemala City and Atlanta. The defendant was seated next to an eight-year-old girl near the rear of the aircraft.
According to an affidavit filed with the court, Morales allegedly attempted to distract the child by directing her attention to the seatback entertainment screen before touching her over her clothing and later inside her pants.
The girl reportedly told Morales that she needed to use the restroom before leaving her seat. She immediately informed a flight attendant about the alleged assault.
Cabin crew then moved her to another seat for the remainder of the flight, while law enforcement officers were requested to meet the aircraft upon its arrival in Atlanta.
Prosecutors Requested Delay
Both the prosecution and defense told the court earlier this month that they were ready to proceed with the trial.
However, prosecutors later requested a two-month postponement after learning that the child was vacationing in Guatemala and would not return to the United States before the scheduled trial date.
Judge Victoria Marie Calvert declined to delay the proceedings. Instead, she instructed prosecutors to subpoena the child and make financial arrangements to allow her to travel back to the United States in time for the trial.
Court Criticizes Government’s Handling of the Case
Prosecutors later informed the court that the child’s mother believed the girl could testify by telephone. However, the government did not issue a subpoena or arrange for the child’s travel as directed by the court.
In an order filed on July 16, Judge Calvert wrote that the government’s failure to subpoena the child demonstrated a lack of diligence.
The judge also noted that prosecutors appeared to have failed to maintain contact with the child’s mother and did not explain why they could not assist the child in returning from Guatemala.
Case Ends With Dismissal
On July 17, Judge Calvert dismissed the indictment against Morales.
The dismissal was based on the government’s failure to comply with the court’s instructions regarding the victim’s attendance and did not address the underlying allegations against the defendant. As a result, the trial scheduled for July 22 will no longer take place.
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