Judge tries to revive Colotl case
by Kim Isaza
September 29, 2012 01:04 AM | 2934 views | 23 23 comments | 10 10 recommendations | email to a friend | print
MARIETTA — Superior Court Judge Mary Staley this week signed an order denying the state’s plan to not prosecute the Jessica Colotl case. But District Attorney Pat Head says he does not believe prosecution can proceed and will ask Staley to reconsider.

Colotl’s case began in March 2010 after a traffic stop on the campus of Kennesaw State University. She didn’t have a driver’s license and was taken to Cobb Jail, where she gave jailers an old address as her current one. An illegal immigrant, she also was turned over to federal immigration authorities, who later let her stay in the United States.

But the false address then resulted in a felony charge of making false statements. Head’s office allowed Colotl to perform community service and pay a fine rather than be prosecuted, which raised the ire of Sheriff Neil Warren. His office brought the felony warrant against Colotl and he insisted he was not notified of — and in fact opposes — diversion for Colotl.

Nearly a year ago, Staley called Head, Warren and Colotl into her courtroom for a hearing on the issue.

In the order she signed Monday, Staley gave two reasons for rejecting the “no prosecution” request.

“The victim and initiating agency in the case, the Cobb County Sheriff’s Office, has raised legitimate concerns that have not been adequately addressed as far as this Court is aware,” Staley wrote. “Further, the Defendant has misdemeanor convictions, which has consistently disqualified entry into the Cobb County diversion program. The Court believes all similarly situated Defendants should be treated in the same manner.”

Head said Friday that he intends to file a motion for reconsideration next week.

“I believe that everyone in this office has an ethical duty to carry through with any agreement that is made with a defendant,” Head said. “Ms. Colotl made an agreement and she has done everything that she was required to do. I believe current law prohibits prosecuting this case further.”

Sheriff Warren, though, lauded Staley’s order.

“I appreciate the fact that Judge Staley has the courage to uphold the rule of law despite pressure from advocacy groups and others who would afford special privilege to those who flaunt our laws,” Warren said in a statement. “Ms. Colotl deserves no special consideration in the criminal justice process for decisions she made as an adult to violate the laws of this state. Judge Staley’s order cited the fact that Ms. Colotl has a prior conviction, which prevents her participation in the Cobb County diversion program. Affording her special treatment in this situation would send the wrong message to our youth and other members in our society.”

In November 2010, a State Court jury convicted Colotl of driving without a license, a misdemeanor, but cleared her of impeding the flow of traffic, also a misdemeanor charge.

Her attorney, Jerome Lee, appealed her conviction, but the Georgia Court of Appeals upheld her conviction and the Georgia Supreme Court later declined to hear the case.

Her traffic case then returned to State Court, and this past June, Colotl was ordered to serve the remainder of her original jail sentence, which amounted to about 10 hours.

Her attorneys could not be reached for comment Friday.
Comments
(23)
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2pat h
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October 01, 2012
Yes we should let Reynolds start early. He will surely put this criminal in jail with Lynn Turner. Oh wait. He represented that deceased murderer!

Im sure he will prosecute this terrible illegal
Lib in Cobb
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October 01, 2012
Just how much money is being spent to prosecute this hardened criminal? Does the system not have better things to do? Is someone trying to get re-elected?

Chase, arrest and prosecute real criminals!
oneatatime
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October 01, 2012
Lib in Cobb...aka...Kevin Foley. Jessica Colotl is a criminal. She's a thief and a con artist, just like all the other millions of illegals who suck the resources intended for AMERICANS, before our very eyes. Thank heavens for Sheriff Neil Warren. For DA King. For Mary Staley. Our country is going down the toilet in a hurry and we need to flush out every illegal, and their resource sucking anchor babies, one at a time! Starting with this lying thief.
Barbie Bandits?
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October 02, 2012
Looks like bank robbers get less time and kinder words than driving without a licence? Guess who the Judge was.
westcobb
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September 30, 2012
Thank you Judge Staley and Sheriff Warren for upholding the law. This is why we continue to elect you. Driving without a license, no insurance, here illegally, lied to the sheriff. How much money have her or her parents paid in taxes to the IRS and state income tax? None probably.
gagirl06
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October 17, 2012
She may not be a hardened, violent criminal, but she's a criminal none the less. Do you teach your children levels of right and wrong? It's ok to steal, but don't kill? No, a crime is a crime. Laws are in place to protect the citizens. We may not agree with each and every one of them, but we must still obey them.

Just imagine if you and your family were driving along and suddenly someone without insurance slammed into your vehicle. That means that you are financially liable for all of the expenses(repairs, medical, etc.) Although the accident was no fault of your own. If you only have state minimum coverage, you're out of luck. Your own uninsured policy won't cover very much ($25,000).

People don't think of all of the implications associated with illegal immigrants driving on our streets. Maybe we should applaud these individuals for attempting to keep the citizens of this community safe.
Just Sayin'
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September 30, 2012
It is time for Judge Staley and the sheriff to move on to bigger issues. End of story. They will not be able to make a dent in this issue. The fed's don't care, and at the end of the day, the State of Georgia does not care. Perhaps instead we should focus on violent crime in Cobb County and go after those who prey on our weakest citizens.
When America was Gre
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September 29, 2012
She continues to steal from the tax payers. Why is she still here. Deport her and her family and send Rich with them. We don't need people like her here. Hers is not an isolated case. Wake up America, we are losing our great Nation to this illegal infestation.
sad to say
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October 02, 2012
America was founded on illegal infestation.
Ashamed2012
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September 29, 2012
So why didn't the sherrif oppose the country in letting her stay in the country. Maybe because on a national level the sherrif has no pull and is considered a selfish man.
VT grad
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September 29, 2012
thank you Sheriff Warren and Judge Staley, we appreciate what you do! I for one am so tired of all the illegals taking over our community, schools, hospitals, etc. This girl should be required to pay back any tuition that was provided through HOPE or any other illegal means. And furthermore, we should depart her and all those who ignore the laws of our country.
A Taxpayer
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September 29, 2012
VFP42, I hope it's true that "word of this sort of thing spreads." That way criminals will think twice before moving here and taking seats from law-abiding citizens who want to attend college here. Colotl got off too light and Judge Staley is outraged, like many of us.
VFP42
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September 29, 2012
Do Judge Staley and Sherrif Warren need a hobby?

It sounds as if they both have WAY too much free time.

Don't the local yocals know word of this sort of thing spreads? If we want to have internationally respected universities to which the brightest kids from elsewhere will come, we can't create a reputation for harasssing them once they get here!!!
anonymous
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September 29, 2012


So you think the "brightest kids from elsewhere" should be allowed to ignore/break our laws? Are our laws only for legal citizens to obey?
YeahWellMaybe
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September 29, 2012
If we pack enough illegals into our colleges, we can bar entry to our own children. You know, those people for whom we *thought* we were working, sacrificing and paying taxes for. Would you like that? It would be just like the emergency room on a weekend night.
tired of it
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September 30, 2012
If she was here legally it would be different. If you are here illegally go home and get educated dont rely on my tax money to pay for you.
Gringo Bandito
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September 30, 2012
If the world's brightest kids can't come here legally, we don't want them.
VFP42
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October 01, 2012
Let me try to put it another way you'se guys maybe can comprehend.. When you read about drug crime in Acapulco, do you research deeply to find out all the details, or do you just vacation elsewhere?

When you read about beheadings in Muslim countries, do you research to see if it's okay to vacation in Turkey? Or do you just go somewhere else and not even consider it?

The parents of well-to-do foreign kids will hear about how some foreign KSU student was harassed beyond comprehension by local politicians trying to make names for themselves, and they will send their children elsewhere for school.

The details of the Colotl don't matter. Our reputation is what matters, and Staley and the Sheriff are working their darndest to damage our reputation.
Pat H
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September 29, 2012
Just go away Mr. Head, stop taking the Cobb taxpayer's money for not doing your job, and let Vic Reynolds start early.

Colotl lied to the Sheriff about her address and telephone number. She was here illegally, driving illegally, using taxpayer services such as the Georgia HOPE program, by lying. We gave her a free education through high school, very expensive, and free healthcare, also very expensive.

Taxpayers agree with Sheriff Warren. Mr. Head, you owe nothing to an illegal stealing our services and lying to our law enforcement. However, you owe the taxpayers the enforcement of the laws we have without using programs that do not allow this defendant to use. You should know the law, and if you don't let someone who does know the law and will do the job take your place.

The comedy of errors and the long delay for Dwight Brown's indictment(s) is another example of your ineffectiveness.

Thank you Judge Staley and thank you Sheriff Warren for upholding the law. Remember, Martha Stewart went to jail for less of a "crime" than Jessica Colotl. Martha Stewart is a taxpayer and has contributed to the coffers of our country and did not steal into the country and steal free services.
Watcher...
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September 29, 2012
D.A. Head, Please disclose your complete Agreement with Ms. Colotl.

Also, was she allowed to e in a Diversion Program?
MAY-RETTA SURVIVOR
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September 29, 2012
Can anyone please explain to me why we continue to hear about this illegal Coloti wretch?
lownota
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September 30, 2012
May Retta: you're an idiot
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