Pima County Superior Court Judge Deborah Bernini will hear the cases against Nogales Mayor Octavio Garcia-Von Borstel and his father, Octavio Garcia Suarez.
Presiding Pima County Superior Court Judge Jan Kearney assigned the case to Bernini on Friday, after receiving a request to take on the case from Santa Cruz County Superior Court.
The change means Garcia-Von Borstel will have to spend more days in the Santa Cruz County Jail before he can begin arranging a possible bond.
Bernini will not reconsider the conditions of the pair's release during Monday's hearing, as previously scheduled, said Dave Ricker, spokesman for Pima County Superior Court. Because of previously scheduled hearings on Monday, she can't travel to Nogales that day, and the jailed defendants can't travel to Tucson.
So on Monday, Bernini will set a date, probably next week, to reconsider a bond and other conditions for the pair's release, Ricker said.
People are also reading…
Garcia-Von Borstel is being held in a segregated cell, more confined than his father's conditions, for his protection, Santa Cruz County Sheriff Tony Estrada said. Garcia Suarez is in the general population.
"We don't know who's going to walk into the general population, and we'd hate to have something happen to him," Estrada said of the mayor.
Garcia-Von Borstel and Garcia Suarez were arrested by federal agents Tuesday after two indictments were handed up by a state grand jury.
In one case, Garcia-Von Borstel is charged with soliciting bribes, money laundering, conflict of interest and illegally conducting a business, based on actions he is accused of taking as mayor in 2009 and 2010. Prosecutors said he solicited bribes from businesses wishing to be city contractors.
In the other case, the mayor and his father are accused of theft, fraudulent schemes, money laundering and illegally conducting a business, based on actions they're accused of taking in 2007 involving a money-order business.
Both have pleaded not guilty to all charges. Defense attorney Chris Scileppi said they will mount an aggressive defense. Scileppi asked for the change of judge that led to Bernini getting the case Friday.
Contact reporter Tim Steller at 520-807-8427 or at tsteller@azstarnet.com
