Judge Lizama upset with AGO ‘absurd’ action

An aghast Superior Court associate judge Juan T. Lizama scolded lawyers of the Attorney General’s Office yesterday upon learning that they wrongfully allowed a mother to sit in for a defendant, her minor daughter, during an arraignment four years ago.

“That’s absurd! That’s improper,” said Lizama while conducting a review of the traffic case filed against Endalin Cruz, who is now 19, yesterday afternoon.

“If the AGO [lawyer] is hearing my word, I say, ‘You’re crazy! It’s absurd. It’s improper,” he said.

Lizama also admonished the mother for agreeing to appear on behalf of her daughter.

“You know that you’re not the defendant. Why did you do that? You’re not supposed to do that. The AGO should not have done that. Even if they told you ‘I’ll pay you half a million dollars,’ don’t do it if you know it’s wrong,” said the judge.

He narrated that he also encountered a similar case yesterday morning with a father coming to the courtroom to settle his son’s traffic case.

“The father came to pay. It’s absurd to take the father’s plea on behalf of the son,” he said.

Besides, he said the defendant only needed to pay the fine downstairs since yesterday was the last day for payment.

The judge then turned to Cruz’ mother and told her, “Maa’m, next time, don’t do that. Don’t go to the court [to sit in] for someone else.”

As for the AGO, Lizama said, “Shame on those at the AGO who allowed this… What bothers me is the AGO taking plea for people who is not a defendant.”

During the hearing, Lizama learned that the Cruz family had overpaid the court $225 for bond.

He set the bond yesterday at $250, and ordered the return of the $225 excess to defendant.

Meantime, Cruz in an interview said that she knew about her pending bench warrant only last week when she tried to get a police clearance for employment purposes.

“The clearance was held and I had to pay the bond [to be released],” she said.

She said she was being cited for not being qualified to drive and for lack of a seat in the car for children below five years old.

Cruz said that on Dec. 28, 1999, she had to drive the car because her mom was complaining of a bad neck/back problem. “I had to drive because we had to drop food to my sister. My mom was there beside me,” she said.

She said police pulled them over when they saw two children below five years quarreling at the back of the car without car seats.

She said there was a third baby passenger who was younger than the two.

Actually there was a baby car seat but there no belt, she said.

Cruz said she was 15 at that timeShe said the police issued her and her mom tickets for their traffic violation.

Since she was a minor, she said that they were told that her mom could just appear in court.