Gonzales' attorney plans to file demurrer

By Jason Bennert, Bay City News Service

June 26, 2006

San Jose Mayor Ron Gonzales was arraigned on six felony charges this afternoon and his attorney announced that he would seek to have the indictment dismissed in a legal procedure known as a demurrer.

Allen Ruby, the attorney for Gonzales, said that Gonzales would "be happy to enter a plea" but he wanted to preserve his right to file the demurrer.

"A demurrer says that even if everything in the indictment is true it doesn't constitute a crime," Ruby said.

Superior Court Judge Rene Navarro instructed Gonzales, along with his co-defendants Joe Guerra and Norcal Waste Systems, to wait until the next court date, scheduled for July 26, to enter a plea after the demurrer is filed.

Gonzales and Ruby are scheduled to discuss the indictment at a 3 p.m. news conference at San Jose City Hall.

Gonzales was joined at today by his wife and more than a dozen of his city hall staffers.

Copyright © 2006 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.

####