Anthony Steven Guevara was arrested and charged with two felonies for allegedly hacking into the voter registration system, and changing the address information for Governor Ron DeSantis back in October, shortly before the election. DeSantis found out when he showed up at the poll to vote, and was initially turned away (though he was eventually permitted to vote). Guevara is being prosecuted in Collier County, where he lives.
It was revealed this week that Mr. Guevara’s attorney Mike Carr has sought to subpoena Governor DeSantis to testify. At a pretrial conference this week, he sought to have the judge order the Governor to appear, anticipating that he would not. The judge declined to do in advance, but indicated he may order him to comply with the subpoena at trial. The prosecutor countered that service by certified mail may not be sufficient or verifiable, which may mean that the Governor is not compelled to testify.
The Defense had sought to resolve the case by putting Mr. Guevara into the diversion program, also known as deferred prosecution. Some great reporting by Stefany Matat reveals that the prosecutor told the defense that they were not offering diversion because Governor DeSantis would not agree to it. The Florida Constitution requires that prosecutors take the victim’s wishes into account, so it is not unusual that they would decline to offer diversion where a victim did not consent. The State did make a probation plea offer for 24 months, but that offer was set to expire earlier this week. (The details of the plea negotiations are a little bit of a peek behind the curtains that is not usually available on a criminal case, which ups the interest level, here.) The case has been set for a possible trial the week of April 26, though trials are very restricted right now due to Covid, and could end up being pushed back. It remains to be seen if the Governor will be in attendance, as sought by Guevara’s defense.