LAKEPORT — Medical problems with Tracy Isabele Avila, 52, who is accused of embezzling tens of thousands of dollars from the Elem Indian Colony of Pomo Indians, once again delayed the trial during a trial setting hearing Wednesday morning.
Avila”s attorney, R. Justin Petersen, said in court that Avila is currently at a hospital and that her doctor said she will not be fit for trial for at least three more months.
In light of Avila”s health condition, the prosecution and defense agreed to continue the case to March 11.
With the latest continuance, Avila”s case has been delayed at least seven times.
Avila”s health first delayed the case on Aug. 26, two days before the trial was scheduled to begin, and was continued to Oct. 30. Days before the beginning of the trial on Aug. 28, Avila was declared unfit to face trial by a physician.
Deputy District Attorney Rachel Abelson said after the last continuance in late October that there is not much the prosecution can do to speed up the trial but wait for Avila”s health to improve. She added that infringing on Avila”s right to face trial in a fit condition could bring negative consequences to the prosecution”s case and even cause a mistrial.
According to Abelson, the delays have not put the prosecution”s case in jeopardy at this point, but that if the trial is delayed for too long it could become a factor.
Before the late August continuance, Judge Andrew S. Blum urged both prosecuting and defense attorneys to make efforts to speed up the trial, but Avila”s health later intervened with that intention.
Avila was arrested Sept. 9, 2011 on charges of stealing tens of thousands of dollars from the Elem Indian Colony of Pomo Indians while she worked as a fiscal officer from 2006 to 2008.
She is reportedly currently admitted at a hospital and awaits further court proceedings out of custody.
Isaac Brambila is an associate editor for Lake County Publishing. Reach him at 263-5636 ext. 37 or at ibrambila@record-bee.com.
