By Howard Fischer || Capitol Media Services
The first Arizona resident ever charged with violating the state’s “ballot harvesting” law could end up behind bars because of a conspiracy movie and a bid by Attorney General Mark Brnovich to save his campaign for U.S. Senate, one of her attorneys says.
The first Arizonan ever charged with violating the state’s “ballot harvesting” law could end up behind bars because of a conspiracy movie and a bid by Attorney General Mark Brnovich to save his campaign for U.S. Senate, one of her lawyers is arguing.
Attorney Andy Gaona told the state Court of Appeals it was an “abuse of discretion” by Yuma County Superior Court Judge Roger Nelson to deny Guillermina Fuentes of San Luis more time to fight his plan to lock her up for 30 days.
He pointed out even prosecutors handling the case did not oppose the extension to ensure her trial attorneys could be at the hearing and her expert witnesses could testify.
“Ms. Fuentes already faces an inherently political prosecution, a toxic political environment surrounding her sentencing, a trial court that prejudged a sentence without considering relevant information, and an emboldened prosecutor who sought an aggressive and unprecedented sentence in the middle of his flailing political campaign,” Gaona wrote. “To deny her the right to counsel and the right to present a full mitigation case under these circumstances would add constitutional insult to constitutional injury.”
But time is running out.
That sentencing is set for Sept. 1. And the appellate judges, without comment, have so far refused to intercede.
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