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THE TH JUDICIAL DISTRICT ATTORNEY REPORTER

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THE TH JUDICIAL DISTRICT ATTORNEY REPORTER Powered By Docstoc
					                          THE 13TH JUDICIAL DISTRICT ATTORNEY’S
                                                          REPORTER


                                                                                Issue 13 December/January 2010-2011

       13th Judicial                        Serving Cibola, Sandoval, and Valencia Counties
     District Attorney
                                                              Martinez Message
           Reporter
                                   The 13th Judicial District Attorney’s Office hosted a Law Enforcement Summit on Octo-
  333 Rio Rancho Blvd.             ber 21st and met with Cibola County Executive Law Enforcement Officers. The summit
           Ste. 201                was well attended and it helped strengthen relationships amongst all law enforcement
                                   agencies within Cibola County. Topics discussed included: subpoenas, homicide inves-
 Rio Rancho, NM 87124              tigations, case files and notification of case status in the prosecution phase. Also dis-
                                   cussed was the formation of a training team to address training needs of local law en-
                                   forcement officers. This agency will take the initiative to spearhead the formation of a
   Annette Martinez-Varela
                                   professionally-trained team by offering free training to begin next month. Other sum-
          Publisher
                                   mits are planned in the future for Sandoval and Valencia Counties.
          Suggestions
         please send to            Marty Vigil, Chief Investigator for the 13th District Attorney’s Office and I had the op-
                                   portunity to go on the air with KDSK Radio in Grants to discuss and bring awareness to
13specialprograms@da.state.nm.us
                                   the public on the issue of Cyber Bullying and Internet Safety, this interview was broad-
                                   cast throughout Cibola and Valencia Counties. Because these issues are of such impor-
***************************        tance and great concern, I have offered to make presentations to area schools, parents
                                   and other groups to alert and provide them with more information to safeguard our
                                   youth. Additionally, this agency is a member of the New Mexico ICAC (Internet Crimes
 INSIDE:                  Pages:
                                   Against Children) Task Force. Information on these issues is also provided by the Task
 Martinez Message                  Force.

 Legal Corner                2     Belen was the host of the New Mexico Code Enforcement Summit, a two-day event,
 Profile                     3     which I had the opportunity to participate in. Among several topics discussed was the
                                   issue of pursuing condemnation of nuisance and abandoned properties. In may cases,
 High Profile Cases          4     abandoned properties are sources that lead to crime, drug-trafficking and other illegal
                                   activities with our neighborhoods and efforts need to be made to eliminate them.
 Around the Water           4-6
 Cooler                            In closing, I want to wish all of my Staff at the 13th Judicial District Attorney’s Office,
 NHPA                   7-8        our Judges, Attorneys, Law Enforcement Officials and you and yours a very Safe &
***************************        Peaceful Holiday Season and a Happy New Year!



        Profile on:
    Rosemary Traub,
     Kristin Murphy,
      Paula Smith
   Jacqueline Gallegos
    Sandoval County
  Domestic Violence Unit




                                                                       LEMUEL L. MARTINEZ
                                                                       13th Judicial District Attorney
Legal Corner                                                                                                       Page 2




                           30-26-10 Procedures for providing victims with notice
                               Of a court proceeding; courts; district attorneys

   A. A court shall provide a district attorney’s office with oral written notice no later than seven working days
      prior to a scheduled court proceeding attendant to a criminal offense, unless a shorter notice period is rea-
      sonable under the circumstances. The district attorney’s office shall convey the information concerning the
      scheduled court proceeding to the victim, as provided is Subsection B of Section 9 [31-26-9 NMSA 1978] of
      the Victims Crime Act.
                                                         2010 New Mexico Criminal and Traffic Law


                                                Victim Advocate:
                                  By Kristina Faught-Hollar, ADA Cibola County

   In 1987 the State of New Mexico passed legislation giving victims certain rights in criminal cases. Prior to this,
   victims were often overlooked, and their wishes were ignored.

   The purpose of the Crime Victims Act is to assure that victims have the right to be treated with fairness and
   respect throughput the criminal proceedings: Victims have the right to a timely disposition of the case; to be
   notified of all court proceedings; to attend all public court proceedings; to confer with the prosecutor regarding
   any plea bargains or sentencing decisions, and to make statements to the Court at sentencing hearings; to resti-
   tution for any loss or injury that was caused by the accused; and to be notified of any information about the
   conviction, sentencing and imprisonment of the accused.

   Because of this law, the Victim Advocate position was created in the District Attorney’s office to assist victims
   of enumerated crimes. A Victim Advocate assists victims by supplying information on programs and resources
   available in the community to assist them with counseling, obtaining protective orders and restitution pro-
   grams. Victim Advocates assist the victim by explain the court procedures and what the victim could expect
   when attending hearings and interviews and are present with the victim at any court proceedings.

   Being a Victim Advocate is a very rewarding job. I have met and helped a variety of individuals who have be-
   come very dear to me. I believe that the Crime Victims Act is a very good resource because this is an avenue for
   the victims to be heard and not forgotten. The defendant have rights and before the Crime Victims Act, victims
   did not have a voice. I believe that the victims also have the right to be heard and to participate in all proceed-
   ings. By doing this, I believe that this helps the victims in their healing process. I have been working in the
   legal system for over twenty years and have seen how victims are affected by these crimes and, now as a Victim
   Advocate, I am here to assist the victims to better understand the legal process and to have a voice. If I can
   help these victims get out of the abusive relationship and obtain the services they require, it makes my job
   worthwhile.


                             SANDOVAL DOMESTIC VIOLENCE UNIT
                                    By Rosemary Traub

    Our unit was started in the Fall of 2007 with one attorney, a part-time victim ad-
    vocate and part-time secretary. We have grown to a staff of 2 full-time attorneys,
    a full-time dedicated victim advocate and full-time secretary. One focus of our
    unit is to “make misdemeanors matter”, with an eye toward early intervention,
    education and prevention. Another focus is to contact and get involvement from
    the victim as early in the process as possible, which we have found maximizes the
    possibility of success. We hope to put in place a first offender diversion program.
    We facilitate the monthly Sandoval County Domestic Violence Coordinated Com-
    munity Response meetings and work actively with all law enforcement agencies.
Profiles                                                                                                                             Page 3




                          SANDOVAL COUNTY DOMESTIC VIOLENCE UNIT
                                            Rosemary Traub, Assistant Trial Attorney
                                            Rosemary Is a lifelong resident of New Mexico, except for living 3 years in San Diego to attend law
                                            school and 1 year in Minnesota attending graduate school. Before becoming a lawyer, she taught
                                            special education for 5 years with Albuquerque Public Schools, working with children with behav-
                                            ioral/emotional problems. She was also in solo private practice in Albuquerque from 1986
                                            through 2000, focusing on domestic relations, abuse/neglect cases, misdemeanor criminal defense
                                            and representation of children. During that time she also served as a part-time Special Commis-
                                            sioner for involuntary mental health commitments for the 2nd Judicial District Court for several
                                            years. Between 2001 until 2005 she taught law courses for paralegals at Metropolitan College in
                                            Albuquerque, followed by heading the paralegal internship program there. In 2007 she came to
                                            the 13th Judicial District Attorney’s Office and have been prosecuting primarily domestic violence
                                            and stalking cases. During the last years, she has conducted training on domestic violence dynam-
                                            ics, law and issues to law enforcement, paralegal students at UNM Continuing Education, victim
                                            advocates, court watch group and for the NM Coalition Against Domestic Violence. When she is
                                            not working she enjoys spending time with my 2 sons, Phillip (20) and Peter (19), as well as travel-
                                            ing, cooking, flower arranging and exercising and keeping up with Sally and Max her 2 dogs.


                                                      Kristin Murphy, Assistant Trial Attorney
   Kristen was born and raised in Albuquerque, NM and at the age of 12 determined that she wanted to
   be a District Attorney when she grew up. In 2004 she graduated from the University of New Mexico
   with a bachelor’s degree in sociology and political science. In the summer of 2005 she moved to
   Costa Mesa, CA and began her legal studies at Whittier School of Law. While in law school she was a
   fellow with the Center for Children’s Rights and a member of the Journal for Family and Child Ad-
   vocacy. In May of 2008 she graduated with her JD and a certificate of a fellowship from Whittier
   School of Law. Upon her return to New Mexico she immediately began working with the 13th Judi-
   cial District Attorney’s office. Since June 2009 she has been part of the Domestic Violence Unit she
   handles both felony and misdemeanor domestic violence cases. She is passionate about prosecuting
   domestic violence and hopes to continue to be a help to domestic violence victims.


                                           Paula Smith, Victim Advocate
                                           Paula began working with victims and their families in June 2003 as a Reparation Officer with the
                                           New Mexico Crime Victims Reparation Commission. Her job there was to determine if victims and/
                                           or their families were eligible for financial assistance for medical expenses, counseling, lost wages and
                                           other out of pocket expenses they may have incurred as a result of their victimization. There where
                                           times that she felt limited in what she could do to help them being a Reparation Officer, so she
                                           looked into other opportunities and began working as a felony victim advocate at the 2nd Judicial
                                           District Attorney’s Office in 2007. Living in Rio Rancho she wanted to be able to work with victims
                                           and families within her community. In April 2010 she was given the opportunity to come and work
                                           for the 13th Judicial District Attorney’s as a victim advocate for the Domestic Violence Unit. She
                                           enjoys working with victims during their difficult times in life. Paula was born and raised in New
                                           Mexico and graduated from Farmington High School in 1987. She recently was married to Spencer,
                                           they have 3 dogs that keep them busy.

                                                          Jacqueline Gallegos, Legal Secretary
     Jacqueline was born and raised in Santa Rosa, New Mexico, a small town of about 2500 people.
     She has one son, Michael, who is 28 years old. She attended Santa Rosa High School where the
     mighty Lions have just become the 2010 State Football Champs! In 1989 she became an Emer-
     gency Medical Technician and worked for Santa Rosa Ambulance until 2003. She has also
     worked at the Guadalupe County Correctional Facility as a Classification Officer. She then moved
     to Rio Rancho, and was commuting to Santa Fe where she worked at the Santa Fe County Jail for
     3 years as a Classification Officer and dealt with State inmates. The commuting began to take its
     toll on her, so she decided to look for employment that was a little closer. That’s when she began
     working for the 13th Judicial District Attorney’s Office in March of 2007 in Administration at
     AMREP. In September of 2007 she was transferred to the Sandoval office and began working as
     a legal secretary. She has enjoyed working with attorneys and find that, no matter what, paper-
     work is inevitable! Some of her hobbies include exercising, playing golf, bike riding, walking her
     dogs and traveling to Santa Rosa to visit her family. She enjoys working here , having pot lucks,
     eating everyone's birthday cakes, etc! This is her home away from home and the staff is like my
     family. She is very thankful for having such wonderful friends and co-workers and always wishes
     the best to everyone.
Around the Water Cooler                                                                                                            Page 5


CCRT MEETINGS ARE HELD MONTHLY IN EACH COUNTY.
(Please come join us)

Cibola County Victims Need Crystallized Meeting
December 14, 2010 from 10:30 a.m. –12:00p.m. at the second meeting room on the
left across from the cafeteria at Cibola General Hospital, featured speaker will be
Sharon Pino, Special Prosecutor with the Attorney General’s office.

Starting in January 2011 meetings will be held on the:
3rd Tuesday of every month, 10:30 am to 12:00 pm
Coyote Del Malpais Gold Course

Sandoval County Domestic Violence Community Coordinated Response (SCDVCCR)
Meeting

2nd Wednesday of every month, 11:30 to 1:00 pm
Rio Rancho Police Department, 500 Quantum Rd., RR, NM

Valencia County Coordinated Community Response Team
(CCRT) Meeting

3rd Tuesday of every month, 11:30 am to 1:00 pm
Los Lunas Railroad Station, (Conference Room) 101 Courthouse Rd.. NE LL, NM


    Simple New Year’s Resolutions Ideas and Tips for Success
                                                                                             HIGH PROFILE CASES
            by: Renee Wright Yahoo! Contributor Network
                                                                                Cibola County:
 Step 1 Pursue what you are passionate about. New Year’s resolu-
 tion should be something you have to work for all year. For example, if        St. vs. Jonathon Matthews; Embezzlement (over
                                                                                $20,000); grand jury indictment
 your passion is help others find ways to volunteer in your community or
 budget money to donate to a favorite charity.                                  St. vs. David Quintana; Murder in the 2nd Degree;
                                                                                grand jury indictment
 Step 2 Make a plan. Include several goals and tips to help you
 through rough times. Keep a journal. Success is achieved through proper         Sandoval County:
 planning. If you are determined to quit smoking, prepare yourself by           St. vs. Kenneth Elliott; CSP of a minor (under 13);
 doing some research. Set goals and reward yourself after attaining each        guilty pending sentencing
 one. Join a s support group. Healthy Eating and Exercise for Wellness          St. vs. Eric Fierro; CSP of a minor (under 13-16);
 and Weight Control is a great article to read for tips and ideas to help you   guilty; sentenced to 9 years
 lose weight and stay healthy without being hungry.
                                                                                St. vs. Kenneth Gibbens; Murder in the first degree;
 Step 3 Refocus At least once a week, revisit 1 and 2 as a reminder of          guilty; sentencing pending
 why you made the New Year’s resolution and prepare to meet your next           Valencia County:
 goal.
                                                                                St. vs. Elias Chavez; Murder in the first degree (willful
 Step 4 Determination leads to success. New Year’s resolution re-               & deliberate) Supreme Court upheld conviction
 quire fortitude. If you have a setback, learn from it and move on. Think
                                                                                St. vs. Harry Edward Auge; (8) counts of embezzle-
 positive!                                                                      ment; racketeering; conspiracy to commit racketeering;
                                                                                grand jury indictment
 Step 5 Don’t’ Quit. Have fun, resolutions can be difficult and take per-
 severance. Find inspiration and refer back to why you are passionate           St. vs. Robert Auge; 1 count embezzlement; 1 count
 about making a change. Implement fun ways to stay on task to attain            conspiracy to commit racketeering and embezzlement;
 your goals.                                                                    grand jury indictment

                                                                                St. v. Marshall Shaw; Aggravated Assault Upon a
                                                                                Peace Officer (2) counts; Resisting evading or Obstruct-
                                                                                ing an officer; grand jury indictment

                                                                                St. v. Joe Easley; 2nd degree murder; tampering with
                                                                                evidence; sentenced to 19 years
Around the Water Cooler                                                                                Page 5



                   May this holiday season fill your home with
                             love and joy all around.
                       May the New Year continue to bless you.
                            ~HAPPY HOLIDAYS~
                                                                                    Happy Birthday!
                                                                                          DECEMBER
                                                                                     Ronda Sinclair (3)

                                         Upcoming Events                             Sadie Gallegos (14)
                                                                                           JANUARY
                                                              December (2010)
                                                                                   Pamela Candelaria (20)
                                        Hanukkah Begins at Sundown (1)
                                    Pearl Harbor Remembrance Day (7)
                                                          Winter Begins (21)
                                                                Christmas (25)
                                                                January (2011)
                                                          New Year’s Day (1)
                                Martin Luther King Jr.’s Birthday (17)
                                                 NM Legislature Begins (18)




                            GIFTS

   T   E   L   E   V    I   S   I   O    N   V    D   A   W    V
   D   P   O   H   I    V   W   W   R    A   A    Z   S   Q    T
   A   I   F   Y   J    U   L   O   W    E   C    Y   E   X    P    CAR          CLOTHES      DIAMONDS
   K   Y   A   G   L    U   G   P   H    Z   A    Q   V   P    E
   Z   H   Z   M   T    R   E   C   P    H   T    S   Q   I    Q
                                                                    GAMES        GLOVES       JEWERLY
   E   D   T   Z   O    R   E   M   P    P   I    E   I   N    P
   I   H   J   D   F    N   O   W   R    S   O    V   P   J    J
                                                                    MONEY        PERFUME      SHOES
   M   Y   L   U   C    N   D   S   E    A   N    O   G   Q    Q
   J   N   M   Z   E    B   L   S   X    J   C    L   A   Z    Q
   D   E   X   Y   S    O   C   K   S    M   B    G   M   I    X    SOCKS        TELEVISION TOOLS
   V   B   O   Z   O    O   I   Q   O    V   T    V   E   R    W
   M   C   F   T   K    U   X   A   P    V   D    R   S   M    Z    TRUCK        VACATION
   R   X   H   H   O    S   E   H   T    O   L    C   U   A    F
   F   D   M   C   W    N   P   H   A    Y   W    F   I   C    B
   O   D   U   M   I    G   N   H   Z    S   E    O   H   S    K
                                                                    Page 6




    13th Judicial DA’s Office

    5th Annual Sock Drive
   Help Keep the Children Warm
November 30, 2010-December 17 th, 2010
    Please drop off warm clothing for all ages. Socks,
                 gloves, hats, coats etc…

Cibola County        Sandoval County          Valencia County
DA Office            DA Office                DA Office
515 W. High Street   1500 Idalia Rd. NE       101 S. Main Street,
Gants, N.M.
                     Bernalillo, NM           Suite 201
Contact:
Sharon Valdez        Contact:                 Belen, NM
505-287-1297         Adaline Nuanez-Baca or   Contact:
                     Paula Smith              Deon Rains
                     505-896-3952             505-861-0311



.
                                                                                             Page 6




Please allow me the opportunity to introduce myself: I am Ron Lopez, Deputy District At-
torney for the 13th Judicial District located in Valencia County, New Mexico. Recently I
have been given the honor to be the newly elected President to Region III with NHPA
(National Hispanic Prosecutor’s Association). As a member of the NHPA and Region III
President, I would like the privilege and opportunity to extend an offer for membership
and/or renewal with NHPA and its many benefits.

Full membership is open to anyone who is currently employed as an attorney within a
state prosecutor’s office, any federal or state attorney general’s office, a U.S. Attorney’s of-
fice, a military office, a regulatory agency, or a city attorney’s office. Full membership and/
or renewal annual rate is $30.00. The organization also welcomes associate and student
members. Associate membership is open to former prosecuting attorneys and requires
$15 annual dues. Any student matriculated at any accredited school of law in any state,
territory or Commonwealth of the United States, District of Columbia or Puerto Rico may
join as a student member. Student members pay only $10 annually.

I thank you for your time allowing me to introduce myself and the NHPA. As Hispanic
prosecutors, we can make a difference within the criminal justice system. Feel free to make
copies and distribute an NHPA membership form with Coworkers, Associates, Agencies
and anyone at your discretion that will benefit. I look forward to personally meeting you at
the next HNBA conference, events, or newsletter exchange. For any additional informa-
tion, please visit our website @ www.nationalhispanicprosecutors.org.

We will move forward in the enhancement and development of strong relations through
this important organization.


Respectfully,


Ron Lopez, Deputy District Attorney
13th Judicial District Valencia County, New Mexico
                              National Hispanic Prosecutors Association
Membership Application

The NHPA urges you to join the organization today! Full membership is open to anyone who is currently employed as an attorney
within a state prosecutor’s office, any federal or state attorney general’s office, a US Attorney’s office, a military office, a regulatory
agency, or a city attorney’s office. Full membership are $30.00 annually. (Membership period runs from October to October)

The organization also welcomes associate and student members. Associate membership is open to former prosecuting attorneys and
requires $15.00 annual dues. Any student matriculated at any accredited school law in any state, territory or Commonwealth of the
United States, District of Columbia or Puerto Rico may join as a student member. Student members pay only $10.00 annually. Mail
your dues to:

National Hispanic Prosecutors Association

P.O. Box 4856

Chicago, Illinois 60680-4856

================================================================

( ) Yes, I want to enhance my skills and participate in the National Hispanic Prosecutors Association. Enclosed is my check for my
annual dues, made payable to NHPA. (Date:________________)

Name:_________________________________

Name of Agency:____________________________________________________________________

Agency Address:____________________________________________________________________

         ____________________________________________________________________

Home Address:_____________________________________________________________________

         _____________________________________________________________________

                                                             Contact Numbers

Office:______________________________                               Home:___________________________________



Fax:________________________________                                E-mail:__________________________________

Area(s) of Expertise:_____________________________________________________________________

Membership Category (check one):

□ Full - $30.00                       □ Associate - $15.00                             □ Student - $10.00



***REMINDER: Please notify us of any changes in address or contact numbers

____________________________________________________________________________________

                                                     FOR OFFICE USE ONLY


Date received:________ Check No.:_________ Membership period:___________ Region :_______

				
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