Tony Serra, defense attorney for retired San Mateo County sheriff's deputy Juan Pablo Lopez, plans to introduce five motions to dismiss evidence against Lopez allegedly obtained through cellphone records and searches of his homes at a hearing in San Mateo County Superior Court at 2 p.m. Tuesday, Nov. 12.
The motions in the long-running case also allege that the District Attorney's Office has failed to disclose evidence favorable to Lopez.
Lopez faces three counts of mortgage fraud, one count of conspiracy to commit a crime, one count of filing a false declaration of candidacy and one count of voting where he was not entitled to vote, according to District Attorney Steve Wagstaffe. A jury trial is scheduled to begin Tuesday.
Lopez ran as a write-in candidate for county sheriff against retired Sheriff Greg Munks in 2014, and Serra said the current charges and other charges in the case that were previously dismissed were made in retaliation for running against Munks, the predecessor to current Sheriff Carlos Bolanos.
"(The current charges are) a bunch of piddly stuff that did not merit criminal charges and did not amount to criminal intent," Serra said. "They had a collective attitude of revenge."
Lopez is out on $170,000 bail on the fraud charges, Wagstaffe said.