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
ymontoya@da.state.nm.us
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 ymontoya@da.state.nm.us or ygurule@da.state.nm.us
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.