No verdict Monday in trial of county auditor-controller
EL CENTRO – The jury in the financial-crimes trial of county Auditor-Controller Josue Mercado had yet to reach a verdict as of Monday afternoon, a court official reported.
The panel began deliberations Friday after hearing attorney closing arguments and getting jury instructions from Superior Court Judge Poli Flores Jr. The jury continued its work Monday before breaking for the day with plans to resume Tuesday.
Jury selection began Oct. 29. Opening statements were held Nov. 2.
Mercado, who was elected in 2018, is charged with two felony counts of misappropriation of public funds and a misdemeanor charge of willful disobedience of a court order.
It is alleged he entered the county payroll system over which his agency has control and deleted a wage garnishment stemming from court-order spousal support. The case is being prosecuted by Deputy District Attorney Mario Vela.
In an opening statement, defense attorney Steven C. Honse conceded Mercado was guilty of disobeying the court order by changing it, but insisted he did not misappropriate public funds because those monies were destined for his wife’s divorce attorney and not the county.
Mercado, who is not in custody, remains in office, though his duties have been assigned to the assistant auditor-controller, who testified he has not been working.
Mercado allegedly committed the offenses in October 2020.
He was also censured by the county Board of Supervisors in December 2020 for failing to fulfill some of the required duties of his office.
Mercado is up for re-election in 2022. He earns $130,102 per year plus a $550 per month car allowance, a county official said.