TULSA, Okla. — UPDATE | 2/2/2023: According to court documents, the Supreme Court of Oklahoma ordered Maria Rosario Chico’s child stealing case to be transferred from Tulsa County to Creek County.
Creek County District Judge Douglas Golden will now oversee Chico’s criminal case.
In the Motion to Remand for Conflict Free Preliminary Hearing court document, it states that the same attorney who represented Chico’s husband also represented Judge Guten’s wife in a divorce. Judge Guten was the presiding judge over this case in 2022.
In the same court document it continues, “As any citizen accused, Ms. Chico is entitled to a competent, unbiased judge who obeys the law. In this instance, Judge Guten acknowledged a potential conflict and refused on his own motion because of the appearance of impropriety.”
Chico is now being represented by attorney, Richard O’Carroll.
O’Carroll issued the following statement regarding Chico’s case.
“We sought and obtained an out-of-county judge because the State has listed Judge Kurt Glassco as a witness. Thus, the previous Tulsa Co. judge on the criminal case recused citing her relationship with her colleague finding it might appear she was biased in controlling the manner of my cross-examination of Judge Glassco. It is notable that in the hearing which gives rise to the charges against my client, her lawyer attending (she was not there) asked for a court reporter. Judge Glassco declined which in this case, per statute 20 O.S. 20-106.4, means that Ms. Chcio was “denied due process.”
-Richard O’Carroll
FOX23 reached out to District Attorney Kuzweiler for a statement regarding this development in this case and has not received a response. This story will be updated should FOX23 hear back from the Tulsa District Attorney’s Office.
A complex custody case could end up getting a Tulsa mom deported.
Maria Rosario Chico was in a Tulsa County Courtroom today for a hearing to request Child Stealing charges against her be dropped.
FOX23 was in the courtroom as Judge Dawn Moody denied the request.
Tulsa County District Attorney Steven Kunzweiler offered Chico a plea deal to drop the criminal charges to a misdemeanor, Chico said she is not accepting that deal as she could still face deportation either way.
Kunzweiler issued the following statement regarding her case:
“It is unfortunate when children become the pawns in a court proceeding. We will not litigate this case in the media. Our role is to enforce the law based upon the entire factual record - not bits and pieces spoon-fed from a litigant which fits a particular narrative. The State of Oklahoma filed a response to the Defendant’s Motion to Dismiss. The Court denied the Defendant’s request based upon the facts and evidence which were presented in court. We will move forward on this case as we have in every other case.”
Child Stealing in Oklahoma is a felony that could bring a prison sentence up to 10 years. The definition and punishment is outlined in these Oklahoma Senate documents.
Chico says she was just trying to protect her children when she left the state with them in October of last year shortly after an Emergency Protective Order was granted by a Tulsa County judge.
“[Chico] didn’t even know of the existence of a child stealing statute. All she knew was that she had to protect her children. And that in my view, completely dissipates any allegation of any actions that she took being malicious,” said Allen Smallwood, Chico’s defense attorney.
Later that month, Tulsa County Judge Glassco granted custody to the mother of the children’s father. Chico says she was never notified of that change in guardianship though. On Jan. 13, 2022, Chico was arrested at an out-of-state domestic violence shelter for Kidnapping. That charge was later changed to Child Stealing.
Chico’s children went with their grandmother while she says she sat in jail for five days until she could post a bond to return to Tulsa.
Divorce proceedings that started in 2018 with Chico’s American husband still continue.
Scott Johnson, her husband’s attorney sent FOX23 this statement:
“I believe that Ms. Chico has provided you with false information. DHS has never substantiated an allegation of abuse, sexual or otherwise, against my client. [My client] has never been charged with a crime and the DHS investigation into abuse has been closed.”
Chico, however, says, “These aren’t my allegations. These are my children’s disclosures...my world just turned upside down after having DHS tell me this is what your child disclosed.”
Without the Child Stealing charge dropped or a plea deal, Chico will now face a jury and criminal trial sometime next year. If found guilty, she could be deported to Mexico even though she came here as a child and was approved for Deferred Action for Childhood Arrivals (DACA).
In 2020, Chico received legal permanent residency through the Violence Against Women’s Act [VAWA] which allows noncitizens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for legal residency themselves.
“To be able to qualify for [VAWA] and to be granted it, you also must be deserving of it. Again, no criminal record, nothing, nothing serious. Prove that you have suffered this extreme cruelty or abuse and then it gives you lawful permanent residence and lawful permanent residence,” said Lorena Rivas, the immigration attorney representing Chico. “Certainly, those criminal charges that she has pending do put her at risk of being deported.”
“Even though with everything that has happened, even though I’m facing criminal charges, I mean the only hope and I still have that hope is that this case will truly be investigated... that the children will be listened to,” Chico explains. “I still believe in justice, like even with all of this, I still full-heartedly believe in justice. I’m an immigrant in this country. I’m protected by the Violence Against Women Act. I was given relief by the federal government because I’m a victim of domestic violence by my children’s father. Whether I’m successful or not in protecting my children or recovering my children, my children will know I tried. I tried everything to protect them.”
Chico will be back in court for her arraignment hearing Oct. 18.
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