Ex-Labor chief’s bid to have case dropped is denied

Former Labor Secretary Edith Eleanor Deleon Guerrero’s motion to dismiss the case against her alleged misuse of government vehicles was denied yesterday.

Superior Court Associate Judge Joseph N. Camacho said the information is sufficient to put Deleon Guerrero on notice to the charges against her.

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.

Further, the judge said, Deleon Guerrero’s right to a speedy trial has not been violated.

Camacho also ruled that there is no statute of limitations for traffic offenses.

Deleon Guerrero is charged with three infractions—no tinting on a government vehicle, requiring that government vehicles be marked on their front doors, and requiring government vehicles to bear government license plates.

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.

Zona argued that the information violates Deleon Guerrero’s due process rights.

Zona also asserted that the government lacks enough evidence and that Deleon Guerrero right to a speedy trial has been violated.

The government, through Jonathan Robert Glass Jr., opposed the motion.

In denying the motion, Camacho said the information, together with discovery, provides sufficient notice to Deleon Guerrero of the charges against her.

Camacho said the ultimate finder of fact will determine whether the vehicles in question are “government vehicles.”

The judge said there is no statute of limitations in this case since this is a traffic offense.

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.

Thus, Camacho said, under either theory, count 3 is not untimely.

The bench trial will be tomorrow, Wednesday, at 9am, at the U.S. District courthouse.

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.