Judge Stalls Plea Deal in Child Trafficking Case

By Margie Wood, The Pueblo Chieftain, Colo.

Jun. 23–Three people who were accused of attempted child trafficking have agreed to plead guilty to a misdemeanor of offering false documents for recording, but District Judge Victor Reyes on Friday declined to accept the plea bargain until the district attorney’s office gives him an explanation in writing.

Nicole Uribe-Lopez, 23, was accused of selling her 5-month-old son, Jason Hines, to Jose-Juan Lerma and Irene Lerma in February. All are natives of Mexico, and both of the women are said to be in this country illegally. Jose Lerma, 47, has lived in the United States legally for many years.

The case began in late February when Uribe and her live-in boyfriend, Justin Hines, were looking for help in providing for the baby. Justin Hines is listed as the father on the baby’s birth certificate, but he is not the biological father, according to testimony at the preliminary hearing in April.

The young couple met the Lermas, who live in the county east of Pueblo, and within a few days Uribe and the Lermas went to Petra McCulley, a notary public at Angelus Funeral Home, asking her to notarize a birth certificate for the baby listing Jose Lerma as the father.

At the same time, Justin Hines’ mother and sister reported to authorities that Uribe had received money from the Lermas in exchange for the baby. When police interviewed Hines and Uribe, they admitted to receiving between $1,500 and $3,000 from the Lermas. Uribe told police the money was a loan, and she used some of it to buy a used car.

The three defendants were arrested in late February, and Uribe remains in county jail while both the Lermas are free on bond.

At the preliminary hearing, Reyes found probable cause to pursue felony charges of attempted child trafficking, conspiracy to commit child trafficking and forgery.

At the plea hearing on Friday, Deputy District Attorney Cathy Mullens said all three defendants had agreed to plead guilty to offering false documents for recording, a misdemeanor.

When Reyes asked about why the lesser charge was being offered, Mullen said, “We now feel the false recording charge is the most appropriate charge. The trafficking charge was the weakest charge, and I feel we could not prove it beyond a reasonable doubt.”

Public defender Tom Flesher added, “It’s been our position from the beginning that this is not a trafficking case.”

Supporters of the Lermas described the situation as a “poor man’s adoption,” which would be a fairly common child custody arrangement in Mexico.

But, Reyes said he needed time to think about the charge — and a written explanation from the district attorney’s office — before accepting such an abrupt change.

“I’m not going to accept this, just walking into court,” the judge said. “I also want to know the immigration status and whether this is a moral turpitude situation.”

Mrs. Lerma’s lawyer, Brad Davies of Denver, said the immigration status of the two women would be different, because Lerma is married to a legal resident. But he noted that she is in the process of deportation hearings now.u

The plea hearing was rescheduled for July 12.

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