Woman accused of insurance fraud, filing false rape claim out of jail as cases proceed
A woman who has been jailed for several months after she was accused of falsely reporting she had been kidnapped and raped, and later charged with filing a false insurance claim, was released on her own recognizance Thursday while the cases make their way through the court system.
Circuit Judge Lisa Herndon said Alma Delia Duran's next court appearance will be in early 2024. If Duran doesn't show up for court, a warrant will be issued for her arrest. Duran does have one prior failure to appear on her record. The judge was told that happened only because Duran wasn't aware of her court date.
Duran's release comes with conditions: She cannot leave Marion County and has a 10 p.m. curfew.
Duran's lawyer is Henry Ferro. The 54-year-old Summerfield woman is charged with insurance fraud less than $20,000 and making false report of a crime.
The state and the defense
During a bond hearing Thursday, Ferro told the court he recently received more than 800 pages of discovery from the state, which he said he should have received more than two years ago.
He said there was a 3 1/2-hour video that "magically" appeared after a substantial amount of time had passed. The lawyer also said that when his client was questioned by law enforcement officials, she was not advised of her Miranda rights.
As for the insurance fraud case: Ferro said there's a lack of information indicating Duran had even filed a claim.
He said Duran has been held at the jail since January and has paid a heavy price for being there. He blasted the state and law enforcement officials for what he classified as their ignorance and incompetence regarding the case.
The state, Ferro said, has offered a pleas bargain: an adjudication of guilt and credit for jail time already served. But he said the case is very defensible and asked for a trial soon.
Until then, Ferro asked the judge to set bail for Duran or release her on her own recognizance so she can be with her family while he works on her defense.
Assistant State Attorney Jorge Alberto Jaramillo told the court he did not object to bail. He also said Duran's employer had indeed filed an insurance claim on Duran's behalf based on her kidnapping and rape account.
The prosecutor said while Duran was not advised of her Miranda rights when she was being questioned, she was told she was free to leave at any time and it was just a courtesy talk. Such talks, he said, don't require law enforcement to advise the subject of her rights.
During Thursday's hearing, Duran said she has three children, is married, lives in Summerfield, and has been a Marion County resident for more than 20 years. She has worked the same job, at a golf course, for 16 years.
She said she's from Mexico and is not a U.S. citizen.
Background of the case
In 2021, Duran told sheriff's deputies that she was abducted, placed in a vehicle and sexually assaulted.
While investigating the incident, deputies said Duran was not telling the truth and arrested her. She denied staging the ordeal, but authorities believe Duran made up the incident so she could stay in the U.S.
Arrested: Marion woman accused of fabricating abduction/rape story so she could gain U.S. citizenship
There's a provision in the law that allows immigrants who are crime victims to report what happened without penalty.
The state at one point dropped the charge of filing a false crime report, but later refiled it. In the insurance fraud case, state officials said it was reported that Duran had received more than $8,000 in benefits several months after the alleged attack.
Contact Austin L. Miller at [email protected] or @almillerosb
This article originally appeared on Ocala Star-Banner: Ocala courts: Woman out of jail; still accused of fraud, false crime report