Sixty-day dismissals don’t end prosecution

Gathering evidence is more important than meeting an artificial charging deadline

The recent editorial in the Journal referencing the dismissal of the Metropolitan Court complaint on Stephanie Lopez, and criticizing the length of time to make a charging decision, calls for some additional information and clarification.

The case was dismissed pursuant to the Metro Court “60 day rule.” This rule requires that if a defendant is arrested and subsequently released from jail, the Metro complaint must be dismissed after 60 days if the case is not indicted by that time.

A further factor affecting when and how charging decisions are made is the advent of the case management order (CMO) in Bernalillo County one year ago. The CMO requires that we have all possible discovery by the time someone is indicted and arraigned. If any piece of discovery is missing, the case is dismissed.

In Lopez’ case, the completed police report was not received until March 3rd and we are still in need of certain items to be able to move forward with a charging decision. This in no way means that the case is over or that the defendant won’t be charged.

Charging someone with a crime is a very serious matter that should not be rushed into. It is far better to make the right decision than to merely make a speedy decision.

This is the reality of operating in the real world of criminal justice system decision-making.

As to the other two cases referenced in Journal’s editorial, it is worth noting that when charges are being considered against an officer who was acting in the line of duty, the amount of discov- ery that is needed is usually increased exponentially.

Numerous officers usually respond to the scene. Other agencies are often involved in the investigation. Every bit of evidence from every one of those officers and those agencies has to be obtained to permit a meaningful and informed decision to be made, not to mention satisfying the requirements of the CMO should charges result.

Additionally, and maybe more importantly, the decision to charge an officer with a crime when the officer was acting in the line of duty is one of the most serious and consequential decisions a district attorney’s office can make. It affects police agencies, it affects the officer and it affects the community.

Rushing to judgment in those cases would be the exact wrong thing to do.

We agree that charging decisions should be made as soon as possible, however, we will continue to take the time it takes to make the right decisions.