$6.3B budget bill approved in House
Measure to increase spending by about $81 million heads to Senate
SANTA FE — Arguably the biggest bill of the 30-day legislative session — both in terms of dollars and importance — is headed to the New Mexico Senate after being approved Saturday on the House floor.
A $6.3 billion spending plan for the coming budget year passed the
Food tax House on a largely partyline 38-31 vote, with most House Democrats voting against it and some trying to make changes to the bill.
Rep. Antonio “Moe” Maestas, D-Albuquerque, called the plan a “tea party budget,” saying it would not help vulnerable New Mexicans.
“The economy does not magically grow when you shrink government to the bone,” Maestas said during Saturday’s three-hour debate.
But Rep. Larry Larrañaga, R-Albuquerque,
The Supreme Court’s Case Management Order, known as the CMO, allows for only one extension of a trial date absent extraordinary circumstances, and requires prosecutors and defense attorneys to reach plea agreements 10 days prior to the start of trial so that other trials can be scheduled.
Cases that end with last-minute plea deals leave empty courtrooms and prevent judges from whittling down the backlog of pending cases, because they can’t always call another case for trial.
Prosecutors and police have criticized the CMO for forcing the dismissal of cases shortly after the criminal charges are filed because of requirements that evidence be turned over to defense attorneys within 10 days of arraignment. The Supreme Court eased some of those requirements, but the rules on plea agreements and firm trial dates haven’t made many headlines.
The CMO has also led to prosecutors and attorneys finding new ways to do business.
Sometimes, the judges accept the deals. Sometimes, they don’t.
Defense attorneys and the District Attorney’s Office have been fined by judges for submitting last-minute plea bargains.
Clark’s wasn’t the only case to run up against the rule requiring plea bargains be reached 10 days prior to trial and firm trial dates. Among them:
District Judge Benjamin Chavez rejected a plea agreement presented on the day trial was scheduled to begin — Jan. 11 — in the case of Samuel Millspas, who was charged with two counts of aggravated assault with a firearm and being a felon in possession of a firearm. With the deal rejected, prosecutors dismissed the case when the jury was brought in because they could not proceed with their case.
District Judge Charles Brown accepted a consolidated plea agreement on Jan. 16 in the case of Charles James Wallace that combined auto theft and burglary charges from two separate indictments. Wallace was scheduled to go to trial on the 16th on the auto theft charges. The burglary charges were scheduled for trial later in the year.
District Judge Neil Candelaria, who has retired, but who hears cases as a judge pro tem, refused to grant an extension in the case of Jesus Fraire, who is charged with one count of criminal sexual contact with a minor, because his attorney, D. Chipman Venie, was himself scheduled to go on trial the following week. It would have been the second delay in the Fraire case and Candelaria refused.
Prosecutors filed an emergency motion seeking sanctions against Venie for his absence, as well as an extension of the trial date. Chief District Judge Nan Nash granted the extension. Venie was acquitted of the charges for shooting a homeless man who had barged into his office.
District Judge Alisa Hadfield accepted a plea agreement on the first day of a scheduled trial in the first-degree murder case against Byron Ezell Hayes that dropped the charges to involuntary manslaughter and shooting from a motor vehicle, after evidentiary rulings continued up to the day before trial. Matthew Coyte, president of the New Mexico Criminal Defense Lawyers Association, said, “There are instances where a prosecutor realizes the evidence doesn’t support the charges; rather than go into trial, they can get a plea to a lesser, but more appropriate, crime.”
“Ideally, that should take place early in the process,” Coyte said.
District Attorney’s Office spokeswoman, Kayla Anderson said, “The deadline can create issues, but we are working to address those more early on in the development of our cases.”
Defense attorneys and prosecutors each have issues that can lead to last-minute plea deals — for example, a defendant decides to accept a plea on the eve of trial or a key prosecution witness becomes uncooperative.
Going to trial is no guarantee that prosecutors or the defense will win, or that a jury will even be able to reach a verdict.
In the interest of justice
Sex crimes involving minors are difficult from a defense and prosecution perspective.
Young victims may not be good witnesses in a public trial and because the crime is often discovered well after it was committed, physical evidence may not be available.
“Jurors often look for the evidence such as DNA to directly tie all of the pieces of a case together,” DA’s spokeswoman Anderson said. “We call this the ‘CSI effect.’ That type of expectation can be difficult to overcome. This can impact all cases, however, not just those involv- ing minor victims.”
Defense attorneys have to overcome the general sympathy the community has for child victims.
Until early December, Reginald Clark, who had pleaded not guilty, was represented by the state public defender’s office.
At that point, his family managed to hire one of the more prominent criminal defense attorneys in Albuquerque, Robert Gorence.
“Very little work on his case had been done,” Gorence said in an interview. “I could be ready for trial in two months, but not one month.”
But Gorence was up against the CMO, which was designed to move cases through the system more quickly by stopping the practice of continual delays and setting firm trial dates to clear out backlogged felony cases.
Gorence requested an extension, but it was denied.
The public defender in the case had used up the one extension allowed under the rule, because he was scheduled to be in trial in another case.
“We managed to put a lot of work in during a short time,” Gorence said. “But there was still a lot of information we needed.”
Gorence subpoenaed the alleged victim’s school records and counseling records on Dec. 21. Gorence was told the records could be turned over after Jan. 18, six days after trial was to begin.
The hospital that had the victim’s counseling records wouldn’t release them without a court order. Judge Loveless granted that order on Jan. 8.
Gorence filed an appeal directly to the state Supreme Court outlining his need for an extension. It was denied Jan. 11, the day before trial was scheduled to begin.
The jury was selected on January 12 and opening arguments were scheduled for the next day.
Gorence was able to interview the victim in the case after the jury was selected. Gorence said he believed the interview exposed problems with the prosecution’s case and plea negotiations were hammered into an agreement.
District attorney spokeswoman Anderson said, “We were in contact with the victim’s family throughout the pendency of the case.
“Ultimately, the plea agreement reached between the State and the defense was reached in the interest of justice, and ensured the defendant would have a felony conviction on his record,” she said.
Gorence said Clark, who denied the charges, agreed to the plea to avoid any chance of prison or being branded a sex offender for the rest of his life.