Cobb Judge Staley still to rule on Colotl case
by Kim Isaza
October 18, 2012 12:47 AM | 2991 views | 9 9 comments | 9 9 recommendations | email to a friend | print
Judge Mary Staley
Judge Mary Staley
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MARIETTA — The felony criminal case against Jessica Colotl is awaiting a new ruling from Cobb Superior Court Judge Mary Staley on a defense motion to bar prosecution.

Colotl is a former Kennesaw State University student who was charged with felony false swearing after being booked into Cobb Jail on a traffic charge in 2010. At the time, she was in the country illegally, though she has since been allowed to stay, if only temporarily. She was illegally brought to the United States from Mexico as a child.

On Wednesday, the Journal reported that District Attorney Pat Head had responded to an earlier order from Staley in which she refused to sign off on ending further prosecution of Colotl.

In fact, Head was responding to a motion filed Monday by Colotl’s defense lawyer, Jerome Lee, in response to Staley’s order. Lee was arguing that even though Staley did not sign off on ending prosecution, Colotl and Head had made a deal and Colotl had fulfilled her end.

“While this Court refused to grant that (nolle prosequi) motion, that act does not change, nullify, dissolve or otherwise affect the District Attorney’s agreement with the Defendant,” Lee wrote.

His motion also notes that there are no state law obstacles to Colotl’s participation in the pretrial diversion program.

“To entice the Defendant to perform community service and then pay a fine to the State, but then still try the Defendant for the False Swearing charge would constitute a(n) injustice and nothing short of trickery and deception by the State. Indeed, injustice can be avoided only by the enforcement of the State’s agreement with the Defendant — i.e., that the charge against her be dismissed,” Lee wrote.

Judge Staley will now have to decide whether to grant the defense motion that in effect ends the case — as prosecutors and the defense have been trying to do for a year — or deny the motion, which would likely prompt Colotl to appeal.

If the appellate court then reverses a Staley denial, the end result is no further prosecution on the charge. If the appellate court affirms a Staley denial, then the case would go on the trial calendar.
Comments
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Newda
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October 18, 2012
the true vic reynolds will soon be revealed
Devlin Adams
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October 18, 2012
The question that needs to be answered is "Why is there a Coloti case to begin with?"

She should have, long ago, been deported, as soon as it was learned that she is here illegally and breaking the law every day she stays here.

Judge Staley needs to end this mockery of justice and order her deported.
dustoff
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October 18, 2012
I agree, but lets round up all the illegals and ship them out.

The taxpayers should not be responsible to give them an education and medical care.
anonymous
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October 18, 2012
Is Judge Staley a Federal Judge? I do not think so. She does not have the power to "deported" anybody, so, PLEASE: read, gather information, just inform yourself before you make this kind of comments, do not show how short of knowledge you are, PLEASE. Do not make a fool of yourself.
Federal or State?
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October 18, 2012
Judge Staley can't order her deported...that's the job of a Federal Judge, which Staley is not...
dustoff
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October 20, 2012
No Judge Staley cannot deport her but she sure can order her put under an illegal immigrant hold and place her in custody until the ICE picks her up.
Watcher...
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October 18, 2012
Head must believe that an "Illegal Alien" client base will be very profitable.

GALEO and it's minions will be early clients.
anonymous
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October 18, 2012
Trying to figure out when Pat Head actually began to believe he was the final interpreter of the law. This sure going to be awkward for him in private practice. (and not a moment too soon)
No way
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October 18, 2012
Vic Reynolds will be a much needed change in the D.A. Office.
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