A mother of three in Manatee County faces over seven years behind bars.
By Ruth Beltran
Original Air Date: July 12, 2024
Host: When they get behind the steering wheel of a car, millions of undocumented immigrants are entering a gray zone. Many are unable to obtain a valid driver’s license or insurance. So when a road accident happens, the stakes are higher for everybody involved – not just for them, but for everybody else as well. Add language barriers and spotty legal representation to the mix, and the consequences can destroy lives and families. That’s what a mother of three living in Manatee County discovered the hard way . But she is now seeking a second chance. Ruth Beltran has her story.
Ruth Beltran: A Manatee County judge has granted a new evidentiary hearing for a woman sentenced to 90 months in prison after being involved in a fatal accident in 2022.
At issue are the circumstances under which Marleni Bartolon Gomez originally pled guilty. Her defense attorney filed a motion to withdraw the woman’s plea, alleging the woman’s former attorney convinced her to plead guilty without explaining the consequences of such action. A guilty plea in this case requires a mandatory maximum sentence of 90 months, the equivalent of 7 ½ years, in prison.
The new defense attorney, Jennifer Fury, alleged Bartolon requested and expected to get her day in court and have a trial. That was not the case. Once in court and in a last-minute turn of events, former defense attorney Jeffrey Haynes convinced her to plead guilty. He did so, Bartolon alleges, without advising her that she’d waive her right to a trial, and that she would be sentenced to the mandatory maximum.
The defense also alleges interactions between Bartolon and her former attorney were limited, due to language barriers and the former attorney’s lack of due diligence to provide a just defense.
Bartolon, a mother of three, was brought to the United States as a child and has lived here for 19 years. Bartolon did not have a criminal record prior to the fatal accident. But she is undocumented and was driving without a license the day of the accident.
An estimated 13 million undocumented immigrants live and work in the United States. Many are forced to drive without a driver’s license in order to work and provide for their families. According to the National Conference of State Legislatures, some 20 states allow undocumented immigrants to have driver’s licenses. Florida is not among them. In addition, due to a new law passed in 2023, Florida does not accept these out-of-state licenses.
Grafton Olivera, a family friend of Bartolon, states undocumented immigrants are a vital part of our economy.
Grafton Olivera: I think it’s been proven by economists that the immigrant workforce is vital, not a luxury or an accessory. It’s vital for the economy of the United States, so it is prudent and it serves the interest of everyone — the state, the immigrants, and the people that these immigrants that are the workforce — that they have the necessary authorizations to be able to drive and transport themselves. There are 14 states where this is the case, including Puerto Rico. This is something of common sense and of justice and security.
RB: New hearing dates are expected in this case. We will continue to monitor this case and bring you updates as they develop.
Reporting for WSLR News, this has been Ruth Beltran.
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