Former Labor Secretary Edith Eleanor Deleon Guerrero\u2019s motion to dismiss the case against her alleged misuse of government vehicles was denied yesterday.<\/p>\n
Superior Court Associate Judge Joseph N. Camacho said the information is sufficient to put Deleon Guerrero on notice to the charges against her.<\/p>\n
In addition, Camacho said, the issue of whether vehicles in the case are government vehicles is an issue for the ultimate finder of fact to determine at trial.<\/p>\n
Further, the judge said, Deleon Guerrero\u2019s right to a speedy trial has not been violated.<\/p>\n
Camacho also ruled that there is no statute of limitations for traffic offenses.<\/p>\n
Deleon Guerrero is charged with three infractions\u2014no tinting on a government vehicle, requiring that government vehicles be marked on their front doors, and requiring government vehicles to bear government license plates.<\/p>\n
Deleon Guerrero, through assistant public defender Heather Zona, moved to have the charges dismissed. In the alternative, she wants the charge relating to her use of a government vehicle that did not bear government license plates to be dismissed as time-barred.<\/p>\n
Zona argued that the information violates Deleon Guerrero\u2019s due process rights.<\/p>\n
Zona also asserted that the government lacks enough evidence and that Deleon Guerrero right to a speedy trial has been violated.<\/p>\n
The government, through Jonathan Robert Glass Jr., opposed the motion. <\/p>\n
In denying the motion, Camacho said the information, together with discovery, provides sufficient notice to Deleon Guerrero of the charges against her.<\/p>\n
Camacho said the ultimate finder of fact will determine whether the vehicles in question are \u201cgovernment vehicles.\u201d<\/p>\n
The judge said there is no statute of limitations in this case since this is a traffic offense.<\/p>\n
Further, Camacho said, if a statute of limitations applied to Deleon Guerrero as a former public official, it would be the two-year statute of limitations applied to misconduct in public office cases.<\/p>\n
Thus, Camacho said, under either theory, count 3 is not untimely.<\/p>\n
The bench trial will be tomorrow, Wednesday, at 9am, at the U.S. District courthouse. <\/p>\n
Glass stated in the information that on Dec. 8, 2013 to Oct. 11, 2016, Deleon Guerrero used a government motor vehicle that had tinting on its windows, that was not clearly marked as a government vehicle, and did not bear government license plates.<\/p>\n","protected":false},"excerpt":{"rendered":"
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