League of Women VOters Questions to DA Candidates

What skills, education & prior experience qualify me for this office?

     I graduated from law school in 1982. In November of this year, I begin my 43rd year as a practicing attorney. I have practiced both civil and criminal law in both public and private areas. I have prosecuted in two states and in four different districts in New Mexico. I’ve witnessed best and worst practices. 

        Not to age myself, but in the criminal area of law I’ve resolved thousands of cases at the felony level. These cases run the gamut from non-violent drug possession to highly organized crime and racketeering to first degree murder.

          While I don’t profess to know everything. I’m excited to build an office of people whose talents exceed my own in all areas. I’m looking to develop a team of exceptional people dedicated to working together to serve and protect the community.

What are your highest priorities if elected?

      I know from experience a community’s prosperity depends on the citizens feeling safe to rely on dependable and truly trustworthy law enforcement to investigate and arrest those who commit crimes. But that’s just the beginning. 

 When good law enforcement is coupled with calm and competent professionals at the District Attorney Office to ensure that those who commit crimes are held accountable, a healthy community can thrive. 

      My highest priority when elected will be building strong bridges from the DA’s Office to the public through great partnerships with law enforcement, probation, parole, pretrial services, and local victim support and advocacy organizations. 

     As Chief Law Enforcement Officer of Grant, Luna and Hidalgo Counties I intend to repair the rift which currently exists between the DA’s Office and Law Enforcement. Rather than blame Law Enforcement for problems I intend to take responsibility for improving communication and helping with the training of Law Enforcement. 

         A significant benefit will be to develop and present better cases in court thereby achieving more convictions and hopefully better criminal deterrence, thus, protecting the community. 

        Further, I intend to take responsibility for developing a healthy relationship within the DA’s office so that employees want to stay and develop their skills thereby providing better support to the community.

      It can be said that the District Attorney’s office “holds the keys to the jail” because it is ultimately the District Attorney who makes all decisions not only concerning what cases are prosecuted but also how and what decisions are made during these prosecutions. 

        Currently, a big issue is that of the “catch and release” of suspects; meaning, law enforcement makes an arrest, and takes the suspect to jail, but the law or court allows the suspect to be released rather immediately.  The decision to pursue the pretrial detention of a defendant rests entirely with the DA’s office. If the DA does not file the appropriate petition asking the courts to detain a defendant, every defendant will be released. The court has no jurisdiction to hold a person without the DA first acting by filing a petition to hold the defendant. Not every defendant will nor should be held without bond pending trial, but if capable assistant district attorneys don’t file appropriate petitions and show up in court prepared to argue these motions, no defendant will be held in jail pending trial therefore dangerous defendants will continue to commit crimes and the community will continue to suffer.

        Another often neglected and misunderstood issue is that of mental health.  If a person is found not to competent, that is mentally unwell, to stand trial by New Mexico State medical professionals, there is a legal mechanism which allows a close examination of that person’s competency, and further allows the examination of treatment options. Once again, however, if the DA’s office does not file and pursue the proper documents and course of conduct dangerous defendants will not be held in jail or hospitals when it is appropriate. Even after a court determines a defendant is not competent, there is a mechanism is some cases which allow an incompetent individual to receive treatment to competency if the proper documents are filed.

       The key to a safe and thriving community is through my experience, my understanding of the law, and my willingness to take the necessary action, especially in these dangerous cases that the District Attorney’s Office will have a positive impact. 

What criminal justice reforms do you support, if any?

      I support taking a hard look at the New Mexico constitutional amendment which modified the bond system, now contained in New Mexico Rule 5-409, which dictates which dangerous defendants may be held in jail without bond. I believe this rule should be reconsidered by the public with the dissemination of correct and honest information and its effect upon the public. As I talk with victims, I am frequently asked how the current practice often called “catch and release” happened. When I ask if they voted on that amendment and how they voted, they are often amazed to discover that their vote was the opposite of how they believed they were voting. The result of that vote created what many believe is an existing revolving door for defendants to the detriment of the public. However, this result exemplifies what happens when people do not have access to accurate and honest information. 

    Intertwined throughout the criminal justice system is the concept of public service. District Attorneys are servants to the public who elected them. While this does not mean that the District Attorney makes his decisions based upon the vote of the public, it does mean there must be transparency, honesty and clear communication. A District Attorney must understand that as the Chief Law Enforcement Officer of the district for the people that to do that job properly requires an individual willing to accept responsibility and not blame others when things are difficult. 

    It is the responsibility of the District Attorney to meet with members of the public when needed and on a regular basis to address the concerns of the community.  Through diligent preparation, as District Attorney I intend to respond to the public with a clear, thoughtful, and accurate answers. 

What factors would you consider when declining to prosecute a case?

      Prosecutors in New Mexico take an oath to uphold the Federal and State Constitutions and the Laws of the State of New Mexico. As such, my first consideration in every evaluation in a case is always, “Is the law sought to be enforced constitutional?” If so, then I proceed further with my analysis.

      Next, I ask, “Do the facts in this case show that there is probable cause to believe a crime has been committed and if so, did this suspect commit the crime?” A prosecutor is ethically prohibited from pursuing a case where probable cause does not exist. This means, they cannot pursue a case where the prosecutor does not have the facts that a crime was committed by this specific defendant. 

      The State of New Mexico has developed a set of “Uniform Jury Instructions” tailored to nearly all crimes as well as recognized defenses to those crimes.  At the end of each jury trial the judge will read a set of jury instructions concerning the case. A portion of those instructions are termed the “elements” instructions.  Through the comparison of the facts heard at trial to the elements instruction the jury determines if the State has met its burden of proof. Likewise, through the comparison of these instructions with the facts of the investigation it can be determined if there is a factual basis for the offense and whether the offense can properly be charged. 

        Below you see one example of an elemental instruction concerning felon in possession of a firearm and see what must be proven to the jury. When I can prove all of the relevant facts, the charge is appropriate to charge, if I cannot prove all the elements, I decline to prosecute the case or meet with law enforcement to work with law enforcement to further investigate the case before proceeding with the case.

UJI 14-701. Receipt, transportation or possession of a firearm or destructive device by a felon; essential elements.

For you to find the defendant guilty of receipt, [transportation] [or]1 [possession] of a [firearm] [or] [destructive device] by a felon [as charged in count ____________]2, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.   The defendant [received] [transported] [or]1 [possessed] a [firearm3] [or]1 [destructive device4]

2.   The defendant, in the preceding ten years, was convicted and sentenced to one or more years imprisonment by a court of the United States or by a court of any state [and has not been pardoned of the conviction by the appropriate authority]5;

3.   This happened in New Mexico on or about the ____________ day of ______________, ________

        If all the above considerations are met, then we must consider the issue of what defenses are available for defendant. In very rare situations, while there may be a legitimate basis for the filing of a case, defenses may bar the filing of the case. 

        In order to be fair and consistent, my analysis of every case will be based on a non-emotional review. Prosecutors should not let their analysis be swayed by emotion or bias. My years of experience combined with my thoughtful team approach grounded in solid legal analysis empower me to be an ideal candidate for District Attorney.