Santa Fe New Mexican

Dismissal stands; DA missteps detailed

- By Robert Nott rnott@sfnewmexic­an.com

Members of the district attorney’s staff were so inept in prosecutin­g the accused murderer of a former Santa Fe librarian that they filed their witness list 63 days late and long failed to produce a medical examiner they had billed as an expert witness, a judge said this week in rejecting District Attorney Marco Serna’s motion to revive the case.

In a scathing rebuke of a prosecutio­n he said did nearly everything wrong, state District Judge T. Glenn Ellington let stand his oral ruling that the case against Robert Mondrian-Powell cannot be refiled because the state violated the defendant’s right to a speedy trial.

Police arrested the 59-year-old in October 2016 in Las Cruces, a month after investigat­ors discovered the

remains of Elvira Segura in the Nambé house she and Mondrian-Powell had shared. Police said Mondrian-Powell confessed to shooting Segura, 67, but her body was so badly decomposed when it was discovered in the home’s bathroom that the state Office of the Medical Investigat­or could not identify the cause of death.

Citing the prosecutio­n’s mishandlin­g of the case, Ellington in June dismissed the murder case against Mondrian-Powell, who remains free.

Serna told The New Mexican he plans to appeal the judge’s decision and hopes Ellington will put Mondrian-Powell back behind bars.

On Wednesday evening, Serna filed a motion to set new conditions for Mondrian-Powell’s release, pending the appeal of the case.

The motion mentions the state also has filed an appeal to Ellington’s ruling, but that document had not been added to the online court filing as of Wednesday evening.

Court documents show Assistant District Attorney Natalie Perry initiated prosecutio­n efforts against Mondrian-Powell in October 2016 and stayed with the case until the early summer of 2017.

Twenty-five hearings were held across 20 months while eight members of the District Attorney’s Office took turns prosecutin­g the case before Ellington decided that a series of delays by prosecutor­s had denied Mondrian-Powell’s constituti­onal rights.

In a written decision released Tuesday, Ellington wrote that Mondrian-Powell “has been prejudiced due to the oppressive pretrial incarcerat­ion of over 20 months … the state’s motion for reconsider­ation is denied.”

Among other slip-ups detailed in the 15-page finding, Ellington said:

A firearm examiner’s report of a gun Mondrian-Powell allegedly used to shoot Segura contained defects but was not turned over to the defense until eight months after it was completed.

The state failed to respond to pending defense motions in a timely manner.

The state repeatedly failed to produce its expert witness, Laurie Edelman of the Office of the Medical Investigat­or. When she finally did testify, in May 2018, she said she did not identify Segura’s body and that the manner and cause of her death was “indetermin­ate.”

“The Court finds that none of the negligent or administra­tive delays were done to intentiona­lly frustrate the Defense, although that was the end result,” Ellington wrote. “None of these delays were the fault of Mr. Mondrian-Powell. The combinatio­n of these factors weighs heavily against the State.”

Ellington’s decision says the District Attorney’s Office did not ask the court to set any conditions for Mondrian-Powell’s release. Serna told The New Mexican on Wednesday he disagrees with that interpreta­tion and said his office “always intended” to set conditions once Ellington filed his final order.

“I can now file my notice of appeal and motion to review conditions of release,” he said.

Public Defender Jennifer Burrill, who represente­d MondrianPo­well in the case, praised Ellington’s decision.

“There was not just one reason for the dismissal, but rather a series of problems ranging from the State’s failure to produce discovery to misleading the court, ultimately resulting in the dismissal,” she said. “The court’s detailed explanatio­n of the series of errors will make the chance of winning an appeal less likely.”

The state originally charged Mondrian-Powell with firstdegre­e murder but reduced the charge to second-degree murder when the case was transferre­d to District Court in December 2016. Delays in the case began almost from the onset.

Staff reporter Phaedra Haywood contribute­d to this report.

 ??  ?? Robert MondrianPo­well
Robert MondrianPo­well
 ??  ?? T. Glenn Ellington
T. Glenn Ellington
 ??  ?? Marco Serna
Marco Serna

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