“You fight the battles you can win,” Twomey said. “This is a battle you can’t win because it’s (Lantigua’s) choice.”
In the meantime, the first elements of Garcia’s defense took shape last week when his lawyer Sal Tabit said much of any missing money at the Museum Square garage can be traced to a broken gate that made it difficult for attendants to know whose monthly passes had expired and to collect payments from them.
Tabit said he will ask the Superior Court judge hearing Garcia’s case to order the city to turn over records of collections at the garage, which have dropped by as much as $13,000 a month over the last year or two, records show.
City Attorney Charles Boddy last week substantively rejected a similar request for records from The Eagle-Tribune, which the newspaper made under the state Public Records Law. Boddy said some of the records could be denied under a provision of the law that allows public agencies to withhold records that are being reviewed as part of an ongoing criminal investigation.
He said the records that he could release were voluminous. The charge to newspaper for compiling them would be $12,660.63, Boddy said.