District Attorney Pat Head
Judge Mary Staley
In an eight-page response filed in Cobb Superior Court on Tuesday, Head repeatedly points out the entry into the pretrial diversion program — in which defendants charged with certain offenses can pay a fee and do community service to avoid prosecution and a criminal record — is at his discretion.
Head also writes that Colotl, who was charged with a felony charge of making a false statement, completed program requirements, including 150 hours of community service, done at the Brookhaven Boys & Girls Club, and paid the fees.
“The Court allegedly took the matter under advisement, and some months later explained that she had in fact thrown the tendered nolle prosequi away,” Head writes.
As for Staley’s contention that Head’s office did not adequately address concerns of Sheriff Neil Warren, who brought the felony charge against Colotl after she gave an old address while being booked in to Cobb Jail after being arrested for driving without a license, Head writes that “neither Sheriff Warren as the head of the investigating agency, nor any other person or entity, has any statutory authority to disctate denial or acceptance into the Pretrial Diversion Program.”
Judge Staley also wrote in her September order that she was unaware of defendants with other charges being allowed in the diversion program.
Yet Head insists that’s not true — and cites a 2007 case involving Judge Staley’s own sister.
“Individuals charged with False Statement and even Forgery in the First Degree have been successfully admitted into the Pretrial Diversion Program. (See State v. Linda Staley Clark).”
“To deny Ms. Colotl the benefit of the Program, which she successfully completed ... would be arbitrary and capricious. As noted above, there is nothing about this Defendant’s charge that is exceptional or in her record that is disqualifying given other eligibility criteria,” Head writes.
Judge Staley could not be reached late Tuesday afternoon.
As for whether this will end the legal back-and-forth surrounding Colotl’s Cobb charges, Head couldn’t say.
“I don’t know if anything is ever resolved in Georgia,” Head said.
Colotl’s case began in March 2010 after a traffic stop on the campus of Kennesaw State University. She didn’t have a driver’s license and was taken to Cobb Jail, where she gave jailers an old address as her current one. An illegal immigrant, she also was turned over to federal immigration authorities, who later let her stay in the United States.
But the false address then resulted in a felony charge of making false statements. Head’s office allowed Colotl to perform community service and pay a fine rather than be prosecuted, which raised the ire of Sheriff Neil Warren. His office brought the felony warrant against Colotl and he then insisted he was not notified of — and in fact opposes — diversion for Colotl.
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Staley was recently criticized by the 11th Circuit US Court of Appeals for mishandling a murder trial when she accepted a chocolate male body part from a jury member and failed to discipline that member and also failed to notify the prosecution and defense.
Pat Head does his job with the highest degree of professionalism. Mary Staley has a retaliatory and mean spirited character. When Colotl’s attorney once described a hearing as a press conference for Mary Staley, Colotl was doomed from that point forward. Staley was going to get back some way, show how, and this is how she did it. She refused to sign off on the diversion agreement even though Colotl had complied fully.
Mary Staley should be removed from the bench. With judges like her there is no hope for justice.
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
”
—Emma Lazarus, 1883
You are on the wrong side of the law on Jessica Colotl, who would have been deported already except for the intervention of KSU president.
Once you are finally gone, maybe Cobb EMC owners can expect to see Dwight Brown in the slammer.
Thank you Judge Staley and Sheriff Warren for understanding that we want illegals deported. Ms. Colotl received funding from HOPE and was not entitled but she lied on her application. She received free schooling through high school and free medical care. How about repaying the good citizens for all that money expended on her behalf?
The original picture of her at her KSU society, had her in front of a Mexican flag and was used in the news when initially arrested.
Maybe resources should be used to arrest and prosecute real law breakers, there are plenty of illegal aliens that are in gangs (see Sur 13, 18th street, Brown Side, Vatos Locos) that are running wild in Smyrna...how about dealing with those actual lawbreakers instead of a college student that used an old address during a traffic violation???
Thumping your chest and hollering about the border does not make you more of an American, it just makes you annoying.
The judge said she didn't know of anyone with other charges being allowed into pretrial diversion. The judge's sister was allowed into pretrial diversion with other charges. The DA rightly pointed this out because the judge is using false statements to justify an exercise of authority that doesn't even belong to her.
Surely there were some Jews in 1930s Germany making false statements too.
And HOW about those lying Serbs in Bosnia...
And those CRAZY Tutsi Hutus in Rwanda! They can't even get their story straight about whether they's named Tutsi or Hutu!!
Lie lie lie! They must all be exterminated oops I mean deported because they are lying liars!!
There will always be a variety of opinions and perspectives on any issue... but to try to draw a comparison between our modern day immigration issues and the evil of Nazis murdering millions of innocent civilians... or, to reference the murderous genocide of countless in Bosnia... well not only is that categorically wrong but I dare say that you'd be hard pressed to find much support for such a statement.
If you would have said that this issue may be a case of selective prosecution because of issues surrounding Colti's immigration status... well that would show you're an intelligent or reasonable person with a valid perspective to share. In such a case, people could either agree or disagree with such perspective using their articulated arguments. That's simply proper discourse.
However, your comments betray that you're, and I'll use highly advanced medical terminology, "coo coo for cocoa puffs." The comment you posted not only doesn't help further your perspective on this issue, it hinders it. It also serves to lessen the horrors and pure evil of what those in the past have experienced, the repeated murders and torture of people's family, friends, and children.. by attempting to compare that to some modern day court proceedings. Shame on you... but considering what you posted, you won't give any credit to a thing I typed.
With regards to DA Head throwing out cases, I suspect you would be amazed to learn that every single jurisdiction in the US, throws out cases on a daily basis...and some are for actually heinous crimes. I would much rather he use his limited resources to prosecute drug dealers, gang members, or white collar criminals. These people cause me more potential harm than this business has or will. BTW, we also vote for Insurance Commissioner, do we want him or her prosecuting our cases?
She should be deported like every illegal immigrant is when they commit crimes against the laws of countries they illegally entered or remain.
It will be nice when you're no longer representing this county's DA's office. It almost sounds as though you're doing someone a favor. Do you have a personal connection to the people who illegally employed her? Maybe Customs and Immigration will pay them a visit too.
Good riddens.