Former Morningside Elementary Principal Gloria Baker and her husband John asked Judge Willie Lockette to throw out criminal charges against them.
The Bakers are charged with falsifying school lunch forms to get free lunches for their child.
Judge Willie Lockette decided to defer the motions that Gloria Baker's attorney filed until other issues are resolved.
A statute was cited by the defenses a basis for dismissal, but the meaning of the statute was not clear.
The dates that the child was said to have gotten free lunches has not been established, because those computers are automatically purged each year. They only show with certainty when the application was filed, and approved.
Both sides have until October 12th to put together briefs for the judge. No decision was made today.
Gloria Baker made $90,000 a year as a principal.
Her attorney, Howard Stiller, filed a motion to dismiss the charges against her because he says he found legal defects in the case.
She is charged with Public Record Fraud, theft by taking and providing false information to obtain free school meals.
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