Judge refuses to dismiss case against former El Paso County Sheriff Terry Maketa

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EL PASO COUNTY, Colo. (KKTV) - The criminal case against former El Paso County Sheriff Terry Maketa will move forward.

Maketa and two former high ranking sheriff's officials have been indicted for several serious charges. The three have been trying to get a judge to throw out the grand jury's indictment.

In a report obtained by 11 News, District Judge Larry Schwartz says none of the claims made by the three are strong enough to toss out the case.

Former Sheriff Terry Maketa, former undersheriff Paula Presley, and former commander Juan San Agustin filed several different motions.

Among them, Maketa filed a motion arguing "that the prosecution knowingly produced false and misleading evidence to the grand jury."

The judge said he reviewed all the transcripts and supports the charges.

There are also claims that the grand jury was never shown some evidence that they say could have proved they were innocent.

Presley argues the prosecution did not provide key card records from the building, claiming that information could have cleared her.

But the judge said there is no requirement that the grand jury hear evidence like that.

Point by point, the judge went through each of the other claims. He essentially said other issues will have to come out in trial.

Their next court date is set for December 19 to determine the next steps in the case. We'll let you know what happens.