Bill to help victim testimony to be heard next session

A bill that would have been a big win for victims in criminal defense trials was making its way through the New Mexico House of Representatives, but now will not be heard in the House Judiciary Committee due to lack of time in the legislative session.

House Bill 143, which will now be addressed next session, would help in cases where victims of violent crimes are forced to undergo long, often traumatic testimony and cross-examinations. The bill says that victim testimony often leads to PTSD, anxiety and other psychological harm. It’s sponsors are Rep. Meredith Dixon (D), Sen. Leo Jaramillo (D), Sen. Gary Kernan (R), and Sen. Linda Lopez (D).

The bill would allow victims the right to deny an interview pursuant to the Victims of Crime Act, and would also allow the admission of pre-recorded victim testimony in certain cases.

The Eighth Judicial District Attorney’s office said they fully support the bill and hope to see it move forward. Matthew Van Buren, community liaison for the Eight Judicial District, said that they sent a letter in support of the bill. “We look forward to working on revisions as they may be necessary.” Van Buren noted there had been significant opposition from defense attorneys.

“Our office will be talking with the sponsors of the bill in between sessions and will do whatever we can to help get it passed in the future,” he added.

The effects of the bill, if passed, will hit close to home. During the recent trial of Raymond Hernández – the man accused of sexually assaulting his stepdaughter and two other children – the alleged victim in the case (his exstepdaughter) was on the witness stand for several hours, oftentimes getting emotional as Hernández’s defense attorney Alan Maestas attempted to poke holes in her story.

The victim’s mother, who spoke on the condition of anonymity, said that the process was incredibly hard for her and her daughter. Along with the fact that the trail was stopped and the jury was let go due to the defense’s approved motion for a directed verdict, she said she is upset that they will have to go through it all over again, putting her and her daughter through the emotional process a second time.

She explained just how upsetting the process was, and said she was unable to be in the courthouse while they were examining her daughter. “They tried to make her look like a liar. They tried to make her look like she was a lesbian. That’s awful. That’s as low as it gets,” she said. “I mean, do it to me. I can handle it.”

When mentioning House Bill 143, the mother said that she thought it should already be a law. “You would think that that’s what would be happening anyways, since they record every conversation after the police take their initial statement,” she said of the proposal for pre-recorded testimony. “I don’t know why they had to keep on grilling my daughter.” She said she hopes for an easier, less emotional process.

For now, House Bill 143 will be workshopped and brought back in the next legislative session.