At the pre-trial hearing Friday, Aunor’s lawyer Sherwin Edelberg requested a continuance of the proceedings to Nov. 10. He plans to file a motion to suppress statements the actress may have made to police who questioned her without reading her the Miranda rights and without a Filipino interpreter present.
"If the motion to suppress is granted, then I will make a motion to dismiss the case," Edelberg told The STAR in a telephone interview.
Asked why he did not file a motion to suppress, which would have normally been done at Friday’s hearing, Edelberg said "this is not a normal case and I can’t treat it as a normal case given who she is. The complexity of a certain aspect of the case is going to take more time." He did not elaborate.
Edelberg asked that the pre-trial hearing be continued on Nov. 10 because "it suited my calendar and my client’s calendar."
Aunor, Nora Cabaltera Villamayor in real life, has been charged with possessing 7.7 grams of shabu in her carry-on bag when she was arrested at the Los Angeles International Airport on her way back to her San Francisco Bay area home after a business trip. She has denied the charge and is out on a $10,000 bail bond.
Edelberg said police interrogated Aunor without the benefit of reading her the constitutionally required "Miranda" warning and ignored her request to be provided with a Filipino interpreter.
He said Aunor only has a sixth-grade education and it is important for her to have an interpreter to make sure she understands every step of the way.
Edelberg declined to commit himself when asked if he would ask for a trial by jury or before the bench. He said that if he knows who the judge is and the case involves a mixed question of law and fact, he would ask for a bench trial, "rather than a simple question of fact, in which case I almost always use a jury."
Edelberg and University of the Philippines graduate Claire Espina of the prestigious law firm Edelberg and Espina are Aunor’s lawyers.
Aunor has appeared in more than 170 films and recorded more than two dozen albums, including scores of hit singles.
Although she retains her Philippine citizenship, Aunor has spent much of her time in recent years in California, where she has a home. A drug conviction, however, could endanger her visa status as well as her chances of working abroad.