The 13th Judicial District Reporter
Transcription
The 13th Judicial District Reporter
The 13th Judicial District Reporter Issue 3 Feb./March 2009 13th Judicial District Reporter 333 Rio Rancho Blvd. Ste. 201 Rio Rancho, NM 87124 Yvette Montoya [email protected] Legal Editors Judith Reed, ADA Contributors Yvette Gurule, DOM Special Points of Interest Martinez 1 Message Feature Story 1&4 Meth 2&3 Legal Brief 4 Upcoming 6 Events D.A. Docket 7 Around 8 the Office Feature Story By: Kristina Faught-Hollar Covering Cibola, Sandoval, and Valencia Counties Martinez Message I am pleased to announce that there are several significant things happening in our office. As the legislature moves into full swing there are several important bills to watch out for including proposed legislation intended to strengthen anti-gang laws in the state of New Mexico. This bill enhances penalties for gang-related crimes and is vital to reducing violence and crime associated with gang activity. Giving Law Enforcement the much needed tools to combat this growing menace, sharing resources and information between agencies is imperative. I recently gave a Meth presentation at the 2009 NMPhA Mid-Winter Meeting put on by the New Mexico Pharmacists approach. This year’s Association. In order to conference will focus on combat the serious threat how to conduct a of Meth in the community, successful investigation awareness and outreach is and prosecution of these key. This is of great importypes of crimes. We have tance to my office. applied for Law The 13th Judicial District Enforcement and Attorney’s Office will hold Prosecution credit hours. its first annual Drugs, More information will be Gangs and Prosecution available on the AODA Conference Wednesday, website in April. We look June 17 & Thursday, June forward to seeing you 18, 2009 from 8:00 a.m. to there. 5:00 p.m. Our goal is to emphasize the value of collaboration among Local Law Enforcement and the District Attorney’s Office in the investigation and prosecution of drug trafficking and gang related crimes. This goal can be Lemuel L. Martinez achieved most effectively Taking his oath of office for his third term as 13th Judicial though a multi-disciplinary District Attorney. I recently ran across an article from Harvard Medical School that discusses psychological challenges of surviving cancer and would like to share portions of it with you in case you are a cancer survivor or you know and love someone who is. Out of 11 million American one in 30 are either currently undergoing treatment for cancer or have done so in the past. The National Cancer Institute considers these Americans cancer survivors. Many would attest that cancer is not only life-threatening, but also life-altering. Cancer and its treatment sometimes leave scars and other physical changes that can have long-lasting effects. Even so, many cancer survivors remain psychologically healthy. Some are happy simply to be alive. Others have developed greater selfesteem, confidence, and resilience, as well as a stronger appreciation for day-to-day life after facing Feature Story and conquering a formidable disease. But some cancer survivors struggle with symptoms of depression, anxiety, and post-traumatic stress disorder. Left untreated these symptoms may cause suffering and disruption of their lives for many years. Some of the most difficult times for cancer survivors are during the transition immediately following completion of intensive cancer treatment. (cont. 4) Page 2 The 13th Judicial District Efforts to Combat Meth in Valencia County By: Benny Naranjo The effort to inform the public as to the harm that has visited their communities by the most devastating drug ever begun by us more then three years ago continues. A hand-out consisting of copies of the Newsweek article entitled "The Meth Epidemic, Inside America's New Drug Crisis" is generated weekly, or most weeks, and left at the counters of the Magistrate Courts and the Municipal Courts, in Valencia County, for the taking by the public. Sometimes these hand-outs are distributed for us by the Mini Mart at Rio Communities but mostly we concentrate with the courts where many persons appear for one reason or another. The Office of the State Attorney General made contact with us requesting the benefit of our experience as they prepared to launch their statewide "Meth Alert" having learned that we had been doing out-reach for sometime. We met with them, provided them with our materials and gave them the benefit of our experience. They put together a very impressive presentation and invited us to their press conference announcing the start of their planned statewide initiative. We attended the event at the Senate Finance Committee Room in Santa Fe and gave them our encouragement and our evaluation of their program. They too have now joined the anti-meth effort. I was invited to address the student body and faculty at the St. Therese Catholic School in Grants regarding Meth. This past week our office here in Valencia County was requested by Geoffery Nims, District Court Staff Attorney to assist him in preparing the students of Belen and Los Lunas High Schools for the Court of Appeals coming to their schools. Assistant District Attorney Brett Parker volunteered and together he and Mr. Nims attended five classes at Belen High School. I also addressed each class on the subject of Meth as well as accompanied Mr. Nims to address a large class of seniors at the Los Lunas High School. I was invited by a teacher, Mr. Moya, who had sat in on one of my presentations to address his class and returned to the Belen High that afternoon to speak to combined classes in the Forum at that school. I received an email from Peggy McLaughlin, Social Studies Academic Coach for the Los Lunas Schools. In her email which had been sent to her associates she wrote, “I am writing to offer you a multitude of complimentary DVD's, articles and other consumable materials which have come into my possession for the LLPS community. Mr. Benny Naranjo, Assistant District Attorney for Valencia County is on a mission "to get the word out" about the devastation caused by this lethal drug locally." In an additional email addressed to me she wrote, "I have already hand-delivered the materials to the P.E./Health teachers at Manzano Vista Middle School and the Los Lunas Middle School. In addition, our truancy officer will help disseminate the materials throughout various programs in the district. The word is out in Los Lunas, thanks to you." I also was recently invited to speak to a group that is organized as the 3 R's, Recover, Renew and Restore, former meth addicts joined together for mutual support. I attended their breakfast meeting in Rio Communities, thanked them for their efforts and expressed to them that the community appreciates them remaining drug free, crime free and reminded them that the citizens have a right to be secure in their homes and property. So our effort begun more than four years ago and still continues. Since then we now have an Adult Drug Court in place here in Valencia County. Statistics show that where drug courts were put in place, the program resulted in the decrease in crime of up to 60%. Seeing results as good as these is our long term goal. We remain hopeful that our efforts may prove successful with our community as well as state-wide and else where. Page 3 New Mexico Law on Methamphetamine Methamphetamine is a Schedule I Drug under the New Mexico Control Substance Act 30-31-6(c) Criminal Penalties Possession Guilty of Fourth Degree Felony; 0 to 18 months Distribution First Offense; Guilty of Second Degree Felony 0 to 9 years Second Offense; Guilty of First Degree Felony Up to 18 years Trafficking First Offense; Guilty of Second Degree Felony; 0 to 9 year Second Offense; Guilty of First Degree Felony; Up to 18 years A person purchasing, receiving or otherwise acquiring any compound, mixture or preparation that contains any detectable quantity of pseudoephedrine shall: (a) produce a driver's license or other government-issued photo identification showing the date of birth of the person. (b) sign a written log or receipt indicating the date of the transaction, name of the person, driver's license number or government issued Identification number, name of the pharmacist, pharmacist intern or technician conducting the transaction, the product sold and the total quantity purchased. (c) be limited to no more than nine grams of any product, mixture or preparation within a thirty-day period. Retail thresholds for 9 gram single transactions are as follows (note: one tablet less makes the transaction non-regulated): 120 mg. Pseudoephedrine HCL = 92 tablets 60 mg. Pseudoephedrine HCL = 184 tablets 30 mg. Pseudoephedrine HCL = 367 tablets Drug/Crime Relationship Violent behavior resulting from drug effects and/or against rival drug dealers. Assault Robbery/Burglary Murder Stealing to get money to buy drugs Identity Theft Fraudulent Checks Internet Fraud Credit Card Fraud Robbery/Burglary Child Abuse/Neglect Drug Crimes Parents do not fulfill child’s basic needs. Exposure to Meth Labs and chemicals needed to manufacture Meth. Possession Distribution Trafficking Page 4 “Legal Briefs and Holdings” DISCOVERY RULE VIOLATION By: Judith Reed Under Section 5-501(A) of the Rules of Criminal Procedure for the District Court, the State must disclose or make available to the Defendant a number of items of discovery and a written list of the names and addresses of all witnesses which the prosecutor intends to call at trial. Under 5-501(D), these items must be produced at least ten (10) days prior to trial. Traditionally, in Valencia County, any item not produced at least ten (10) days prior to trial has been excluded without question. Recently, in the Hepple case, the defense attorneys claimed they had not received a fax with a witness on it that had been filed months before trial. It was without dispute that the name of this witness was included on a summary list of expected trial witnesses five (5) days before trial. Judge Pope initially stated that he would not allow the witness to testify because of the "late" disclosure of the witness but later relented after reviewing State v. Martinez, 124 N.M. 721 (Ct. App. 1998) and State v. Duarte, 140 N.M. 930 (Ct. App. 2006), and permitted the witness to testify, after being interviewed by the defense attorneys in the middle of the trial. These two cases address the issue of sanctions for discovery violations. In Martinez, the court stated that "while the district court generally should fashion the least severe sanction which will accomplish the desired result," the court need not fashion a sanction less than exclusion of the witness when such less severe sanction was not requested by the State. In Duarte, the State added witnesses five (5) days before trial. The court found that the defendant must show that he was prejudiced by the untimely disclosure. The defendant must show under this prong that there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. The court found that the defendant did not demonstrate that he was prejudiced or that the district court failed to cure any prejudice resulting from the late disclosure since the defendant was given the opportunity to interview the witnesses. In summary, the combination of these two cases may be cited for the proposition that exclusion of witnesses and evidence should be a last resort in cases where there is a violation of the ten (10) day discovery rule. However, the prosecutor must suggest an alternative to the District Court Judge. It is clear in Martinez that the District Court Judge is not required to think of a lesser sanction unless it is suggested. In our case, we made the witness available to be interviewed at the convenience of the defense attorneys and agreed to admit the most prejudicial statement the witness would make in exchange for the ability to have the witness testify to other observations supporting the charges. Feature Story (Continued) following completion of intensive (primary) cancer treatment. For some patients, this transition may be as stressful, if not more so, as undergoing treatment itself. This seems to be counterintuitive. Patients, family, and friends understandably look forward to the completion of cancer treatment, especially when the prognosis is good. But when patients complete what may have been a grueling series of daily, weekly, or monthly medical visits, they also lose both the support system and the structure provided by regular contact with an oncology team and other patients. Furthermore, friends, co-workers, and even family members may not fully appreciate what cancer patients have gone through emotionally and physically, and so expect patients to return to “normal”. But cancer survivors typically feel more vulnerable, Anxious, and uncertain about the future after treatment ends. How these challenges affect individual cancer survivors depends on a variety of factors, including age, overall psychological functioning, coping skills, social supports and the type and severity of cancer. Cancer survivors contend with a number of ongoing psychosocial issues including Fear of recurrence, Fatigue, Damocles syndrome”( Some cancer survivors, having confronted a life-threatening illness, may become so fearful about what may befall them in the future that they can no longer enjoy life as they once did), Stress responses, Cognitive changes, and Survivor guilt. Exercising body and mind may help. In two trials, aerobic exercise or strength training improved overall quality of life, helped alleviate fatigue, and enhanced physical functioning. Questions remain about which regimens work best and how to tailor exercise routines to specific phases of survivorship. Clearly more research needs to be done, but if physical activity, cognitive behavioral therapy, and other types of interventions make life more enjoyable, then that may be reason enough for cancer survivors to consider them. For more information , you can go to www.health.harvard.edu or http:// csn.cancer.org (American Cancer Society Cancer Survivors Network); www.apossociety.org (American Psychosocial Oncology Society); http:// cancercontrol.cancer.gov/ocs (National Cancer Institute: Cancer Survivorship Research); www.canceradvocacy.org (National Coalition for Cancer Survivorship). Page 5 Tips to Better Protect Your Children According to Bernalillo County Sheriffs Office What parents need to know- AT HOME Scot Key Valencia County Senior Trial Prosecutor Welcome to Scot Key former District Attorney for the 12th Judicial District who is now one of our Senior Trial Prosecutors. We are very fortunate to have him join our team. Mr. Key’s background includes a JD from the University of North Dakota School of Law in May, 1985, BA in Economics and Political Science (with distinction) in May, 1982. He was admitted to the New Mexico Bar in 1986. Mr. Key was elected as the 12th Judicial District Attorney (Otero & Lincoln Counties) in 1996 and took office January, 1997. He was the longest serving DA in the 12th District and the first Republican ever to be elected. He worked in private practice with Gary C. Mitchell, Esq. from 94-96; Chief Deputy District Attorney 19921994; Special Drug Prosecutor 19901994; Asst. D.A. 1986-1990. Mr. Key is actively involved as a board member in several professional organizations and civic organizations. Under his leadership, the 12th Judicial District prosecuted numerous highly publicized cases, including Cody Posey the 15 year old boy who slayed his father, stepmother, and step-sister on Sam Donaldson’s Ranch, Lenny Holly the New Mexico Slam pro basketball player which Scot Key prosecuted himself, and many, many others. Mr. Key has a wife, two daughters, one son and two grandchildren. 1. Teach your children their full names, address, and home phone number. Make sure they know your name. 2. Make sure your children know how to reach you at work or on your cell phone. 3. Teach your children how and when to use 911. 4. Make sure your children have a trusted adult to call if they’re scared or have an emergency. 5. Instruct children to keep the doors locked and not open them to talk to anyone when they are home alone. Set rules with your children about having visitors over when you’re not home and how to answer the telephone. 6. Choose babysitters carefully. Get references from your family, friends, and neighbors before hiring a new babysitter. Drop in unexpectedly once you have hired a babysitter and ask your children about their experiences with the caregiver after he or she is gone. What parents need to know - ON THE NET 7. Learn about the Internet. The more you know about how it works, the better prepared you’ll be to teach your children about potential risks. 8. Place the family computer in a common area rather than a child’s bedroom. Also, monitor their time spent online and the websites they visit. 9. Use privacy settings on social networking sites to limit contact with unknown users. 10.Make sure your child’s screen name doesn’t reveal too much information about him or her. Page 6 Upcoming Events February 14th Valentine’s Day February 16th President’s Day February 25th Ash Wednesday March 8th Daylight Savings Begins Happy Birthday! February Brett Parker Ken McDaniel Donna Trujillo Cheryl Johnston Judith Reed Laurie Glaser March 16-19 District Attorney’s Spring Conference Albuquerque Convention Center March 17th Saint Patrick’s Day March 20th Spring Begins March Catrina Madrid Jacqueline Gallegos Larry Olguin Mary Jo Wehler Fredrick Howden Christina Trujillo March 21st Legislature Ends 10 Creative Things To Do For Your Sweetheart 1.Do something you may not want to, simply because it is important to him or her. 2. Cook dinner. Extra points if you can't cook. By taking time to open a cookbook, buy the ingredients, and plan out the meal, you show him/her that they are worthy of both your time and your effort. 3. Make a CD with all their favorite songs. 4. Rent a car that your partner would love to drive and go on a joy ride. 5. Make your honey breakfast in bed. 6. Organize a romantic treasure hunt. 7. Write him/her a love letter. 8. Snuggle up and take a nap together. There is nothing quite like falling asleep and waking up in the arms of someone you love. 9. Go for a picnic on a beautiful day. 10. Surprise your sweetheart with a romantic movie that you know he/she will enjoy. Don’t forget the popcorn. D.A. Docket Listed below are some of the High Profile Cases within our district Cibola: State vs. Angel Arrendondo, Charges– Murder (1st degree). Found guilty awaiting sentencing. Sandoval: State vs. Joe Emerson, Charges– Aggravated Burglary. Found guilty awaiting sentencing. State vs. Brian Billings, Charges include, Armed Robbery, False Imprisonment and Aggravated Burglary. State vs. Douglas Zigweid, Charges–Murder(1st Degree) State vs. Alfred Martinez, Charges–Murder(1st Degree) State vs. Dana Lopez,Charges–Murder(1st Degree) State vs. Eric Madrid,Charges–Murder(1st Degree) Page 7 "The most wonderful of all things in life is the discovery of another human being with whom one's relationship has a growing depth, beauty and joy as the years increase. This inner progressiveness of love between two human beings is a most marvelous thing; it cannot be found by looking for it or by passionately wishing for it. It is a sort of divine accident, and the most wonderful Valencia: State vs. Lawrence Tafoya, Chargesof all things in life." first-degree child abuse with intention to cause great bodily injury. Found guilty, facing a mandatory 18 years in prison. S i r H u g h W a l p o l e State vs. Fidel Silva, Charges– Homicide by Vehicle (DWI). State vs. Charles Casias, Charges-Murder (1st degree) State vs. Edward Ibuado, Charges-Murder (1st degree) State vs. Richard Downs, Charges-Murder (1st degree) State vs. Jacob Sanchez, Charges-Murder (2nd degree) Word of Choice?: State vs. Edward Baca, Charges-Murder (2nd degree) State vs. Jose Montoya, Charges– Child Abuse (resulting extempore \ik-STEM-puh-ree\, adverb: in death). 13th Judicial District Attorney’s Office would like to inform our readers... 2009 Legislative Session Bills to watch: Domestic Violence Bill Promoting the Financial Independence of Victims Of Domestic Violence, Sexual Assault and Stalking. Creating new offense for Criminal Damage or Deprivation of Property Against a Household member. Adding “domestic violence” to a list of crimes in which an individual may be denied certification as law enforcement officer, or may have their certification suspended or revoked. Anti-Gang Legislation Harsher Penalties for Gang Recruitment. Additional years added to sentencing in Gang Relate Crimes. 1. Without premeditation or preparation; on the spur of the moment. adjective: 1. Done or performed extempore. Kelso had already delivered his short paper, on Stalin and the archives, at the end of the previous day: delivered it in his trademark style--without notes, with one hand in his pocket, extempore, provocative. -- Robert Harris, Archangel Ruskin's Oxford lecture series ended up as a dismaying mix of extempore ramblings and calculated farce. -- Valentine Cunningham, "A Victorian Renaissance Man", New York Times, May 14, 2000 Extempore is from the Latin phrase ex tempore, "out of the time," therefore "immediately, at the very time the occasion arises." Page 8 Around the Office Thanks to all our 84 employees who keep the 13th Judicial District at the forefront in the fight against crime. Cibola County Team Sandoval County Team Valencia County Team Administrative Team Please submit information you would like featured in “Around the Office” and/or any comments, special requests, quotes, jokes or a topic you would like to have printed in the newsletter to [email protected] or [email protected] What’s In the Headlines Santa Fe (AP) Governor Richardson signed a package of bills into law to erase a projected budget deficit this year by cutting government spending and collecting extra revenues without a tax increase and dipping into cash reserves. The deficit reduction package: • Cut spending by more than $160 million for general government operations and public education in the current fiscal year. However, other revenues are used to offset cuts in general tax dollars for public schools and Medicaid, which provides health care for the poor and uninsured children. fter the offsets, there are net After reductions of about $100 million. Schools and Medicaid are subject to net 1 percent budget cuts. • Speed up the schedule for estimated corporate income tax payments to provide $65 million for the state this year. The measure does not increase a company's tax Rumored Corporate liability. Mergers • Transfer almost $56 million It has long been rumored from a state reserve fund to that W. R. Grace cover personal income taxCo. was considering buyingThe the rebates approved last year. Co.$40 along measure alsoFuller shiftsBrush about Mary Kay Cosmetics million fromwith cash balances of and then merge with the agencies and programs and Haleto Business Sysmoves the money the state's tems. This mega-corporate main budget account. It picks up be known as $58 million entity fromcould balances left over from public school capital outlayHale projects. About Mary Fuller $22 million in stateGrace. money is saved by paying for tax credits to low-income New Mexicans with federal grant money, which is given to the state to help needy families. • Save about $90 million by canceling allocations of general tax money for dozens of capital improvement projects. In some instances, projects remain alive because the bill uses bond financing to replace the tax dollars. Richardson said he will use his line-item veto powers to nullify some capital improvement cuts and restore money for projects, such as $1 million for domestic violence shelters.