Wednesday, February 20, 2013
Despicable Tracey Avila, Robinson Rancheria Tribal Chair Accused of THEFT May have Trial Delayed
The theft trial of the Robinson Rancheria Pomo Indians tribal chair, set to begin next week, appears to be heading for a delay because of the defendant's health. OP: She was perfectly healthly enough to OVERSEE some evictions last month.
Tracey I. Avila was at the Lake County Courthouse Tuesday afternoon for pretrial matters when her attorney, R. Justin Petersen, told a judge Avila's doctors diagnosed her with kidney failure earlier this month.
As a result, Petersen plans to file a motion asking for a continuance of the trial, which is scheduled to begin Feb. 27.
Avila, 51, of Nice pleaded not guilty to one count of grand theft.
Authorities allege she stole tens of thousands of dollars from the Elem Indian Colony of Pomo Indians and the federal government while serving as that tribe's fiscal officer between February 2006 and September 2008.
Avila, who was arrested in September 2011, was ordered to stand trial following a preliminary hearing last October. Her subsequent arraignment was delayed while she recovered from a partial foot amputation.
Upon learning of Avila's latest medical issue Tuesday, Judge Richard C. Martin ordered Petersen to file a written continuance motion by Wednesday in advance of a hearing set for Friday.
Martin indicated he planned to make sure the trial would not get postponed for an unnecessary amount of time, pointing out that Avila's case was "substantially older than most of the cases coming through here."
"I've seen homicide cases quicker than this," the judge added. OP: This is a case of Justice delayed, Justice Denied.