450th District Court Judge Brad Urrutia has denied the motion to dismiss 4 felony charges in the case against State Representative Dawnna Dukes.
The order, signed on March 28th, says, “On March 8, 2017, the Court heard Defendant’s Motion to Dismiss Counts 1-4 of the State’s indictment. Having considered the evidence presented, the argument of counsel, and the applicable law, Defendant's Motion is DENIED."
During the March 8 hearing, Dukes’ lawyers argued that the dates associated with the 4 felony charges were too old and that the statute of limitations had run out.
Lawyers for the state told Judge Urrutia that through her previous lawyers, Dukes had waived her statute of limitations. They also said there was never a deal or a promise not to prosecute. The state’s lawyers also told Judge Urrutia the case was ready to go in September and that time had even been scheduled for the grand jury.
They also said the reason they didn’t move forward was because Representative Dukes had asked them to delay the case, so she could wait and resign from office in January 2017. They say she wanted to get a bigger pension from the state.
Days after Representative Dukes was sworn in on the first day of the 85th Legislative session, a Grand Jury heard the corruption case against her. They returned an indictment that includes 13 felony counts of tampering with a government record. She is also being charged with two misdemeanor counts of abuse of power.
When Representative Dukes turned herself in to the Travis County Jail on January 18, she told reporters she planned to plead not guilty to all of the charges.
Dukes’ lawyers tell FOX 7 they do not comment on court orders, they also wouldn't say if they plan to appeal.
The next hearing is scheduled for April 18.