Thread: 3 suspected illegal immigrants might be released

3 suspected illegal immigrants might be released
Judge says government probably won't help prosecute 4 immigrants

By Brad Zinn/staff • bzinn@newsleader.com • August 29, 2008



STAUNTON — During a Thursday hearing for suspected illegal immigrants arrested in May on identity theft charges, the judge told prosecutor Angela Landes she was unlikely to get the cooperation she needed from the federal government.
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A preliminary hearing for three of the suspects was scratched Thursday after assistant Augusta County prosecutor Landes asked Judge A. Lee McGratty for a continuance because she had been unable to subpoena a representative of the Social Security Administration.

"Lots of luck," McGratty said. "These are going to be nolle prossed (not prosecuted) because you'll never see someone from the federal government."

At least three of the suspects could be released from jail as early as today.

The four men — Crisogono Hernandez, 23, Pedro Calderon-Frias, 23, Jorge A. Rodriguez Perez, 27, and Norberto Reguldo-Leon, 37 — were charged after an investigation by Virginia State Police was launched following a routine traffic stop against Hernandez. During the traffic stop, Hernandez told a state trooper he worked at Don Juan's restaurant in Fishersville, according to police. He reportedly provided fake identification to the officer.

The investigation led authorities to obtain 105 employee files at the Fishersville restaurant and the Don Juan's in Verona. Both restaurants have since closed. The four suspects were eventually charged with identity theft, forgery of a public record and uttering a forged document.

Defense attorney John Hooe III, who is representing Reguldo-Leon, said even if the Commonwealth is able to get a Social Security representative in court, there is no proof that the documents were forged or uttered.

"They don't even have the documents" that were allegedly forged, he said. The Commonwealth conceded it only has copies. Landes said she's been unable to obtain the documents.

"That's not my fault," McGratty replied.

When the judge told Landes he would give her two weeks to get her case together, Landes replied she needed 30 days from the date of the rescheduled preliminary hearing, essentially about 60 days.

Later, McGratty said, "This is all a waste of time. They're going to be deported anyway." Immigration and Customs Enforcement (ICE) has detainers on all four suspects.

McGratty gave three of the suspects — Hernandez is being held in Texas — personal recognizance bonds. Hooe said officials from ICE have 24 hours to pick up the men from jail, but noted the likelihood of that happening is slim.

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What are American citizens held on ID theft. What about this restaurant? They shouldn't have proceeded with out all the ducks in a row.