The jury trial for Leon Guerrero was supposed to start today, but visiting Senior Judge Robert J. Bryan granted the oral motion to continue the jury trial, and denied without prejudice the motion to dismiss indictment filed by the defense.
On Friday, Bryan heard oral arguments for the motion to dismiss filed by court-appointed attorney David Banes on behalf of Leon Guerrero.
Banes asked the federal court to dismiss the superseding indictment for Leon Guerrero “as it fail[ed] to allege…that the defendant acted intentionally.”
Assistant U.S. Attorney Eric O’Malley is prosecuting the case.
Last month, the superseding indictment filed by the U.S. government stated that Leon Guerrero used his position in asking money from the driver of an illegal taxicab in exchange for dismissing the driver’s criminal case from Sept. 15 to Oct. 9, 2009 for count one, and on June 13, 2009 for count two.
Currently out on bail and released to his wife as third party custodian, Leon Guerrero denied the superseding indictment.
The payments solicited by Leon Guerrero ranged from $300 to $700 per instance, according to the Federal Bureau of Investigation.
Leon Guerrero was arrested last November after a grand jury indicted him.
