Jessica Colotl, a former Kennesaw State University student who sparked a national immigration debate when she was nearly deported after being jailed for a driving offense, may not avoid a criminal conviction after all.
Superior Court Judge Mary Staley issued an order Wednesday indicating that she will reconsider allowing Colotl to enter a pretrial diversion program after reading comments critical of her ruling in The Atlanta Journal-Constitution. The judge ordered Colotl, Cobb County Sheriff Neil Warren and Cobb County District Attorney Pat Head to appear in court Oct. 7 to consider if the diversion program is an appropriate resolution to the case.
Successful completion of a pretrial diversion program would result in the dismissal of a felony charge of false swearing against Colotl. The 23-year-old was accused of lying to deputies about her address on March 30, 2010, when she was arrested on a charge of driving without a license. The arrest came after Colotl was stopped for a minor traffic offense in a parking lot near Kennesaw State University. A Mexican native, she was subsequently found to be in the U.S. illegally.
The judge's order said that the district attorney is responsible for vetting participants in the pretrial diversion program, which is run by his office. Part of the vetting process involves consulting the victims and the law enforcement agency that made the arrest.
Staley noted in the order that, based upon the sheriff's comments in the newspaper, it did not appear that Warren was aware of the decision to let Colotl into the program. She said it appeared there were questions about Warren's consent.
Colotl's attorney, Jerome Lee, declined to comment about the order Wednesday. Head and Warren could not be reached for comment.
Warren told an AJC reporter on Monday that he was not aware Colotl's case was put in pretrial diversion.
"I am disappointed, but it is the district attorney's job to prosecute and up to the courts to find someone guilty or not guilty," Warren said in an email. "I believe it sets a bad precedent that someone who is not only in the country illegally and commits the offense of false statement by lying to law enforcement officials is given nothing but a slap on the wrist."
Participants in the pretrial diversion program are required to perform community service and regular check-ins with the district attorney's office. The program takes six months to a year to complete.
Head said Monday that the federal government has granted Colotl, who graduated KSU with a political science degree in May, a one-year deferment from deportation. That technically makes her a legal resident and Head said, "I'm not going to treat her differently than I would treat any other legal resident."
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