Santa Fe New Mexican

Witnesses in obelisk case excluded due to police error

Officer failed to file list on time, respond to motion; case still open

- By Phaedra Haywood phaywood@sfnewmexic­an.com

The Santa Fe Police Department’s criminal case against a man arrested during an October skirmish on the Plaza between police and protesters, which preceded the toppling of the 152-year-old obelisk, suffered another setback Monday.

Santa Fe County Magistrate Donita Sena granted a defense attorney’s motion excluding all witness testimony in the case against Sean Sunderland, the attorney confirmed, because an officer had failed to file a witness list on time and failed to respond to her motion seeking exclusion of witness testimony.

After a hearing Monday, Sunderland’s attorney said the case is still open, but the state would not be able to introduce any witness testimony if it were to go to trial.

Santa Fe police Deputy Chief Paul Joye wrote in an email Monday the case will move forward “despite the error.” Officer Jesse Campbell, who is handling the case, believes video and reports of the incident will be enough to prove the charges against Sunderland, Joye added.

Sunderland, 25, of Santa Fe was one of two people arrested Oct. 12 during an Indigenous Peoples Day rally on the Plaza. He was charged with criminal trespass and resisting arrest, both misdemeano­rs.

According to a police report, Sunderland is accused of jumping on the back of a police officer who was attempting to arrest another person as protesters tried to prevent city workers from boarding up the base of the obelisk. The skirmish occurred before activists attached ropes and chains to the monument and pulled it down.

Dylan Wrobel, 27, of Santa Fe — accused of being involved in the same incident — was arrested on a felony count of battery on a peace officer and misdemeano­r counts of resisting arrest and trespassin­g. His case is pending in state District Court because of the felony charge.

Police later filed charges against six people accused of playing a role in the destructio­n of the obelisk, though the department has said more suspects could be charged. Video shows dozens of protesters helped pull on ropes to topple the monument.

The obelisk, erected in honor of

Union Civil War soldiers, was long decried by activists as a symbol of racism due to an etching on one side of its base dedicating it to soldiers who died in battle with “savage Indians.”

Monday’s ruling was the second Sena has made in favor of Sunderland.

Sena dismissed his charges in late December for lack of prosecutio­n after Campbell failed to appear for the first hearing scheduled on Fischer’s motion requesting exclusion of witness testimony.

The witness list was due within 45 days of Sunderland’s arraignmen­t, according to Fischer’s motion, which would have been late November.

After Campbell argued he had not received notice of the hearing and the court could not determine the notice had been sent, Sena rescinded the dismissal and reschedule­d the hearing.

In regard to the witness list, Joye wrote in his email, “Campbell advised that he mistakenly thought that when the discovery was provided to defense council, that would sufficient­ly fulfill the witness informatio­n requiremen­t.”

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