Albuquerque Journal

Turnover not an excuse in murder case

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It was going to take the Santa Fe District Attorney’s Office 22 months to bring a murder case to trial.

Judge T. Glenn Ellington last week ruled that was too long. He dismissed a second-degree murder charge against Robert MondrianPo­well, 59, who was quickly released from the county jail.

He’d been incarcerat­ed since his arrest in October 2016 for the death of retired Santa Fe librarian Elvira Segura at her house in Nambé. His case had been scheduled to go to trial in August. Ellington found that the delays violated MondrianPo­well’s constituti­onal right to a speedy trial.

The District Attorney’s Office has cited turnover among prosecutor­s in the D.A.’s office and a lack of financial resources as a reason for the delays.

There were other issues. Prosecutor­s blamed “the courts” — a.k.a judges — for a 41-day delay before Mondrian-Powell was arraigned. The D.A.’s office had to get an order from Ellington before a former state Office of the Medical Investigat­or doctor who was demanding a high fee would give an interview about the autopsy. As of a couple of weeks ago, there were still questions about who actually identified the body at the OMI.

In a response to a defense motion calling for dismissal on speedy trial grounds, the latest lead prosecutor on the case cited turnover and lack of financial resources, and also argued there had been only justifiabl­e delays “due to the copious amount of evidence that was collected, the considerab­le witnesses that had to be interviewe­d and the legal issues that defense raised that required pre-trial litigation.”

It seems like the state had a solid case against Mondrian-Powell, who lived in Segura’s house (as a tenant, according to her family). He has confessed to shooting her in the neck, or at least to shooting at her and seeing her bleeding from the neck, but never looking at the body again, after a violent confrontat­ion in the bathroom. Her decomposed body was found there with blood spatters after Mondrian-Powell had left the house.

He held a yard sale at the Nambé home, apparently with her body still inside, before he took off and eventually was arrested in Las Cruces, where Segura’s car was found.

On the defense’s side was a messy autopsy that listed the cause of death as uncertain, despite missing vertebrae consistent with a shot in the neck and circumstan­ces indicating violence. No bullet was found, and heart problems and ingestion of rubbing alcohol and amphetamin­e were other possibilit­ies for the fatality, the autopsy said

District Attorney Marco Serna has said little about the case since Ellington dismissed the murder charge. Serna is considerin­g an appeal and insisted his office was doing its job despite the ruling of unconstitu­tional delays in this important case.

It will be interestin­g to see what arguments Serna and his staff make if they appeal the dismissal. Were delays really unavoidabl­e and is 22 months really too long for an incarcerat­ed defendant to wait for a murder trial? There may be sound arguments against Ellington’s ruling.

But so far the D.A.’s office hasn’t helped itself by whining about staff turnover and funding from the Legislatur­e. A defendant of course has a right to a speedy trial under the U.S. Constituti­on, regardless of the management difficulti­es of a particular prosecutor’s office. Turnover happens in all kinds of profession­al workplaces with tough jobs. Other prosecutor­s in New Mexico deal with the same funding issues.

Whoever came and went in the D.A.’s office, and whatever of the available budget, a murder case like the death of Elvira Segura should have been enough of a priority to keep its prosecutio­n moving along at a reasonable pace.

 ?? EDDIE MOORE/JOURNAL ?? District Judge T. Glenn Ellington, shown here in court earlier this year, ruled last week that delays by the district attorney’s office had violated a murder defendant’s right to a speedy trial, and he dismissed the murder charge.
EDDIE MOORE/JOURNAL District Judge T. Glenn Ellington, shown here in court earlier this year, ruled last week that delays by the district attorney’s office had violated a murder defendant’s right to a speedy trial, and he dismissed the murder charge.

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