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KFOX Speaks To Quintana's Defense Attorney

Posted: 5:02 pm MST November 20, 2008Updated: 6:35 pm MST November 20, 2008

KFOX has an update on East El Paso city representative Rachel Quintana's ongoing legal battle, as KFOX learns where her defense is going.

KFOX broke the story back in October 2007, and 13 months later, the misdemeanor forgery charge has yet to go to trial.

At Quintana's community meeting Thursday morning, KFOX reporter Monica Balderrama tried once again to find out the latest on her pending case.

"As far as that is, you know, I wouldn't make any comments," Quintana told Balderrama.

Quintana allegedly forged an employment letter from FedEx to get a discount on a Southwest Airlines ticket.

Her attorney, Stephen Peters, said the case has not gone to trial because he is trying to find out why his client was not offered the pretrial diversion program. That's a program where the charges are dropped after a defendant pays some fines and takes some classes. It can be given to non-violent offenders who have not been arrested in the past, such as first time DWI offenders.

Peters also wants to know why Quintana was not offered deferred adjudication. That is where the defendant enters either a no contest or guilty plea, and if the terms of the plea bargain are met, the charges are dropped.

Peters said both the pretrial diversion program and deferred adjudication are commonly offered by a district attorney, but district attorney Jaime Esparza hasn't offered either to his client.

The district attorney's office said it cannot comment on a pending case. As far as when this will finally go to trial, no one has an answer to that question.

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