Thread: Immigrant student who sparked debate avoids a conviction

Immigrant student who sparked debate avoids a conviction



By Andria Simmons

The Atlanta Journal-Constitution

A former Kennesaw State University student who sparked controversy when she was arrested and nearly deported over a driving offense last year has avoided a criminal conviction by entering a pretrial diversion program.

Cobb County Superior Court Judge Mary Staley signed an order Sept. 1 to dismiss a felony false swearing charge against Jessica Colotl, 23, as long as she successfully completes a pretrial diversion program. To enter the program, Colotl would have had to admit she lied to deputies about her address when being booked into the Cobb County jail on March 30, 2010, on a charge of driving without a license.

The order in the case was a surprise to Cobb County Sheriff Neil Warren when he was told about it Monday.

“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. "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."

The program run by the Cobb County district attorney's office is designed for first offenders who have committed crimes that did not result in injury to a victim and are non-drug related.

Details about the requirements are confidential until the program is completed. Typically, participants 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.

The offense of false swearing is punishable by imprisonment of one to five years in prison, although a judge could order that time to be served on probation.

Colotl's defense attorney, Jerome Lee, said she was extremely grateful to be allowed to participate in the program.

"Hopefully, Jessica can now move on with the next phase of her life," Lee said.

Colotl's case became a flashpoint for debate on illegal immigration after she was stopped for a minor traffic violation on campus last year, arrested for driving without a license and nearly deported. A public outcry over the case prompted the Board of Regents to ban illegal immigrants from receiving in-state tuition rates from Georgia's top public colleges.

News of the case being dead-docketed rankled Phil Kent, an anti-illegal immigration activist who was recently appointed to the state's new Immigration Enforcement Review Board, which will have the power to investigate complaints that city, county and state officials are violating state immigration enforcement laws.

“This will be an injustice if allowed to stand -- yet another example of ‘no illegal alien left behind’ when it comes to coddling their law-breaking," said Kent. "And, of all people, Miss Colotl says she wants to be a lawyer and presumably uphold the rule of law.â€

Nobody wants to be responsible for their choices.

this girl is not American at all
get your head out of the sand
wake the hell up
the three of them are not a Citizen ?
wake the hell up
No amnesty

Diversion program? You have got to be kidding me! Just how many ways are these people allowed to break laws?

We have numerous threads related to this but this one appears to be the most recent so will add here.
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Judge wants Colotl trial back on docket


by Lindsay Field

October 07, 2011 08:06 PM


MARIETTA — Superior Court Judge Mary Staley told District Attorney Pat Head and Cobb County Sheriff Neil Warren “to go back to square oneâ€

[quote]“I don’t feel that (Colotl) deserves the diversion program,â€

“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. "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."

That's because THEY protect and defend illegal immigrants, especially if they are from Mexico. If an ordinary citizen committed the very same offense, he or she would be legally penalized. People have a hard time accepting the fact that illegal aliens receive so much protection and that's understandable but that's the reality. The important thing is to find out WHY they get so much protection and then do something about it, if possible. There must be a reason why the powers that be protect illegals so much. When judges go out of their way to avoid a warranted deportation, you know something is wrong.

ICE deferred action on her case for a year to allow her to finish her studies at Kennesaw State University and again deferred action on her case for another year in May.

Was she even supposed to be attending university in the U.S.? As you can see, she got all the breaks she needed ?Why? Protectionism. Why?