A document the Monroe County schools superintendent signed saying he did not expect fraud in an annual audit should not be allowed as evidence in his criminal trial, according to a defense attorney's motion.

Randy Acevedo's attorney has asked a judge not to allow prosecutors to introduce into evidence the document, called a "management representation letter," according to a motion Catherine Vogel filed with Circuit Judge Mark Jones' court on July 22.

The signature does not prove Acevedo knew of any false financial reporting or that a letter he gave Finance Director Kathy Reitzel justifying one of his wife's alleged personal purchases with school money was faked, the motion says. The letter said an XM Satellite Radio subscription in the name of the Acevedos' son, Wade, was purchased for the Monroe Association of ReMARCable Citizens.

The document with Acevedo's signature was dated Feb. 24 and the MARC letter was dated Feb. 11.

"There is no evidence indicating that at the time of the [MARC House letter] that the defendant had signed the [management representation] letter," the motion states. "There is nothing about the Feb. 24 ... letter that would show defendant had knowledge on Feb. 11 ... that the MARC letter was fraudulent."

The purported MARC letter led to Acevedo's June 10 grand jury indictment on a third-degree felony charge of official misconduct, for which he is scheduled to stand trial on Aug. 24.

Vogel did not return The Citizen's phone calls seeking comment Friday and Assistant State Attorney Mark Wilson declined to comment on pending litigation.

Acevedo signed the management representation letter without the second required signature of Reitzel, who had refused because of former Adult Education Coordinator Monique Acevedo's alleged personal purchases on her school district credit card.

jguerra@keysnews.com