THE 13TH JUDICIAL DISTRICT ATTORNEY S REPORTER

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1 THE 13TH JUDICIAL DISTRICT ATTORNEY S REPORTER Issue 13 October/November th Judicial District Attorney Reporter 333 Rio Rancho Blvd. Ste. 201 Rio Rancho, NM Annette Martinez-Varela Publisher Suggestions please send to *************************** INSIDE: Martinez Message Pages: Legal Corner 2 Profile 3 High Profile Cases 4 Around the Water 4-6 Cooler *************************** Serving Cibola, Sandoval, and Valencia Counties Martinez Message It is a great honor to be elected President of the National Hispanic Prosecutors Association (NHPA) during our annual board meeting, which was held in conjunction with the Hispanic National Bar Association (HNBA) conference this September. This was a great opportunity to work with leaders in bringing awareness of, building strong relationships with, and generating involvement from Hispanic s within the legal profession. At this year s HNBA conference, I also had the privilege of moderating and organizing the continuing Legal Education (CLE) credit courses. The credit courses offered were Identity theft and Mortgage Fraud. Each course identified the effects that victimize people throughout our communities. The NHPA is the only professional membership organization dedicated to the advancement of Hispanics as prosecutors. Founded in 1997, and includes both chief and line prosecutors nationwide. In addition to prosecutors, the association's membership includes law students, former prosecutors, and law enforcement personnel. The NHPA was launched with a kick off reception held in the Exhibitors Hall during the Seattle Hispanic National Bar Association in A group of state and federal prosecutors, who had been separately working on forming a prosecutors' organization, joined forces to form a single organization. For more information visit our website: I attended the 2010 Annual New Mexico District Attorney s strategic planning meeting August 3 & 4 with all statewide District Attorneys. We discussed various laws, budget concerns and other issues. As 13 th Judicial District Attorney, I assisted my District in sponsoring a free Victim Information & Notification Everyday (VINE) training. This training was available to all community leaders, law enforcement, victim advocates and general public. This was implemented to increase an overall safety plan. During the last several months I had the opportunity to participate on Regional Meeting Tribal -State Judicial Consortium panel discussion. The panel was put together and attended by prosecutors, law enforcement and judges to provide an overview on the cross-jurisdictional issues related to handling Sex Offender Registration & Notification Act (SORNA) cases. October marks the annual Domestic Violence Awareness Month. It is critically important to focus on all phases of domestic violence by creating a productive liaison with all agencies. Profile on: Pamela Candelaria, Sadie Gallegos Leann Adams Valencia County Children s Court and PPD/Worthless Check Div I was very excited to be chosen to serve as an MDA Jailbird and be locked up for Jerry s Kids. It was fun to bring family, friends and businesses together and set a goal to help put together funding for MDA. I hope you had a pleasant summer and all the best this fall! Till next time. LEMUEL L. MARTINEZ 13th Judicial District Attorney Mr. Martinez being arrested by Officer Onken, RRDPS

2 Legal Corner Page Battery Against a Household Member A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude insolent or angry manner. B. Whoever commits battery against a household member is guilty of a misdemeanor. C. Upon conviction pursuant to this section, an offender shall be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children youth and families department pursuant to rules promulgated by the department that define the criteria for such programs. D. Notwithstanding any provisions of law to the contrary, if a sentence imposed pursuant to this section is suspended or deferred in whole or in part, the period of probation may extended beyond three hundred sixty-four days but may not exceed two years. If an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed and credit shall not be given for time served by the offender on probation ; provided that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years New Mexico Criminal and Traffic Law Living in a house with violence A survivor s story: Phoebe (not her real name) Being raised by a very European mother, my self-esteem growing up was very low. I met my first husband through work and dated for almost a year when we decided to get married. I was thrilled that someone finally told me that I was loved and I thought that once we were married that life would be great. I had blinders on about his drinking and just knew that once we were married that he would spend his free time with me. I knew the week we got home from our honeymoon that I had made a mistake, a huge mistake. I never once thought about ending the marriage because I had no other place to go to except my parent s home. I was finally free from there and I would do what ever it took to remain free. Little did I know that I had traded one jail for another. He continued to drink and with his drinking came emotional battery. He never came home on time and was always drunk by the time he did come home. When I changed jobs and needed a car, I was not permitted to have one. I finally met someone at work who was willing to pick me up and give me a ride to work. It was difficult because when they were off or sick, I had no ride to work. I was not permitted to have spending money or go out with any friends. When we bought our house, my ex-husband would not do any work around the house. I was told that I had wanted the house, so I had to take care of it, and I did. Finally, I realized that he was so very controlling that I needed to do something. I took a pension loan and bought a little used car- and I started to perk up. He of course was not happy with me and thought something was wrong. I was told several times that I had a pinch face and a fat.... He came home from work on a Saturday night and told me that if he had a gun, he would kill me. I was gone the next day. As he left for work, I said goodbye and he said, Oh, that sounds final. His reaction was that I never existed and mine was that I was finally free. My mother told me to go back because I had made my bed, and now I had to lay in it. I was given absolutely no support from my mother, so going back to live with her was not going to happen. I found a small apartment and moved in...i was safe and alive. I don t know if I have any advice to anyone in my situation, other than, if you are not happy and you don t feel safe, something is wrong.

3 Profiles Page 3 VALENCIA COUNTY CHILDREN S COURT DIVISION Pamela Candelaria, Assistant Trial Attorney I was born and raised in Albuquerque, NM. I graduated from the UNM School of Law in While at the UNM School of Law, I served as the managing editor of the NM Law Review and President of the UNM Business Law Society. I have been involved in pro bono legal work throughout my career, which includes serving as a volunteer attorney for the Arts and Business Council of Philadelphia (formerly the Volunteer Lawyer s for the Arts) where I assisted many nonprofit art-related organizations with such things as filing 501(c)(3) paperwork. I lived and worked on the East Coast for about 8 years, including Washington, DC, New York, NY, Wilmington, DE and Philadelphia, PA, where I did corporate work. Prior to moving to the East Coast, I worked at a civil litigation firm in Santa Fe, and at the NM Public Defender Department in Albuquerque. Presently, I serve as the Children s Court Attorney in Valencia County and I really love being involved in rehabilitating juveniles and (hopefully) preventing them from becoming adult offenders. I have also successfully prosecuted parents under the Compulsory School Attendance Act resulting in a 5% drop in truancy rates in the Los Lunas School District. I sit on the Valencia County Juvenile Drug Court Committee, the Los Lunas Truancy Task Force and the Juvenile Justice Board of Valencia County. In my free time, I play soccer and tennis, and I m studying Portuguese. Sadie Gallegos, Supervising Secretary Sadie Gallegos began her career at the Juvenile Division of the 2 nd Judicial District Attorney s Office in During her tenure at the 2 nd, she earned a Paralegal Degree and worked her way up from entry level support staff to the position of Supervising Secretary. Sadie retired from the 2 nd Juvenile Division in 2006, after twenty-six years of service, where she took 4 months off before entering the work force once again with the New Mexico Gaming Control Board. She decided to go back to the career she loved and began working with the 13 th Judicial District Attorney s Office and is now completing her third year with the office. She graduated from West Mesa High School and attended New Mexico State University completing two years of college. Sadie s work ethics can be contributed to her parents. They taught her the importance of hard work and family. She has passed her work ethics on to her family and all coworkers who have had the opportunity to learn from her. Sadie enjoys spending time with her family, husband Frank, daughters Jessica, Lesley and son-inlaw Ryan and of course her three grandsons Tyler Dean, Connor Francis and her newest addition Gabriel Larkin. VALENCIA COUNTY PPD/WORTHLESS CHECK DIVISION Leann Adams graduated from the University of New Mexico with a double major in Criminology and Psychology. While attending the University of New Mexico she maintained a 4.08 G.P.A. and graduated Summa Cum Laude and was a Presidential Scholar. Along with making the Dean s list for all semesters and University Honor Roll, she was a member of the National Society of Collegiate Scholars, Phi Kappa Phi Honor Society, Phi Eta Sigma Honor Society and was Co-Secretary/Co-Treasurer for the Alpha Kappa Delta Sociological Honor Society. She has brought the same passion and dedication to her professional career. She was given the opportunity, under the direct supervision and guidance of Deputy District Attorney Mr. Ron Lopez, to head the Pre-Prosecution Diversion Program and Worthless Check Program. While in this position she has maintained a great rapport with clients, staff, prosecuting and defense attorneys, and those serving other agencies. The numbers of the clients in the program have also significantly increased from approximately 9 clients when she first began to a high of 80, meeting with each client monthly. She is also working closely with the Tears of Strength and Support (T.O.S.S.) organization to provide the offenders both information and support relating to substance abuse addiction, has been working with the City of Belen to utilize the offenders to clean up the community as part of their community service obligation, has collected a substantial amount in restitution, also requires her clients to tour the Department of Corrections Central New Mexico Men s Facility in Los Lunas. As a result of all these requirements, there has been a significant increase in clients successfully completing the program and making a difference in the community. She remains excited and dedicated to serving those in the community and representing the 13th Judicial District Attorney s Office to the best of her ability.

4 Around the Water Cooler CCRT MEETINGS ARE HELD MONTHLY IN EACH COUNTY. (Please come join us) Cibola County Victims Need Crystallized Meeting 1st Tuesday of every month, 11:30 am to 1:00 pm Roberta s Place 807 E. Roosevelt Ave. Grants NM Sandoval County Domestic Violence Community Coordinated Response (SCDVCCR) Meeting 2nd Wednesday of every month, 11:30 to 1:00 pm Rio Rancho Police Department, 500 Quantum Rd., RR, NM Valencia County Coordinated Community Response Team (CCRT) Meeting 3rd Tuesday of every month, 11:30 am to 1:00 pm Los Lunas Magistrate Court 1206 Main St. NE LL, NM Get your flu shot early FLU SEASON TIPS Wash your hands with soap and water frequently When using an alcohol-based sanitizer, use directed amount of sanitizer, rub thoroughly over all surfaces of the hands, including nail areas and between the fingers. Rub until product dries. Cover your mouth and nose with a tissue when you cough or sneeze and clean your hands afterwards. If you don t have a tissue or cloth, cough or sneeze into the inside of your elbow or under arm. Keep your hands away from your eyes, nose and mouth to keep flu germs from entering your body. Stay home if you are feeling sick. Get plenty of rest and drink lots of fluids. Avoid close contact with people who are sick. Respiratory droplets passed from one person to another can spread flu. These droplets can pass among people in close contact. Avoid sharing objects such as utensils, cups, bottles and telephones. If you must share disinfect the objects before using them. Keep your living and work areas clean. Cibola County: HIGH PROFILE CASES St. vs. Jonathon Matthews; Embezzlement (over $20,000) St. vs. David Quintana; Murder in the 2nd Degree St. vs. Noah Victornino; Homicide by Vehicle (DUI); Failure to maintain Traffic Lane Sandoval County: St. vs. Jennifer Wells; CSC of Minor (2nd degree) St. vs. Jose Pinto; Murder in the 1st Degree (willful $ deliberate) St. vs. Mary Ebinger; Battery against household member St. vs. Joseph Mascarenas; Kidnapping (first degree) Valencia County: St. vs. Joe Easley; Murder in the first degree (willful & deliberate) plead guilty; sentencing to be held at a later date St. vs. David Haidle; Murder in the first Degree ( willful and deliberate) Tampering with evidence St. vs. Edward Ibuado; Murder in the first degree; plead guilty to Involuntary Manslaughter

5 Around the Water Cooler Page 5 DRIVE SAFELY ON HALLOWEEN NIGHT WATCH FOR THE LITTLE GHOST AND GOBLINS! Upcoming Events October 2010 Columbus Day (11) National Boss Day (16) United Nations Day (24) Mother-In-Law Day (28) Halloween (31) November 2010 All Saints Day (6) All Souls day (2) Election Day (2) Daylight Saving Time Ends (7) Veteran s Day (11) Thanksgiving (25) MILITARY Happy Birthday! OCTOBER Martha Visarriagas (7) Carmen Gonzales (14) Reyna Aragon (18) Ronald LoLordo (18) Vickie Gonzales (18) Charles Nuanes (20) Felix Nunez (26) Jeanette Connelly (26) Amanda Saiz (31) NOVEMBER Kimberly Curry (13) Melchior Savarese (15) Yvonne Calderon (18) Rachel Samuel (23) Ron Lopez (23) Robert Blanch (28) F S R T Q G I R K K T C S I R D I N D L Y Z C A B L E S Q O B R C O Y Z L J G I N X G U J V I A M B V S W F I E H G Y A G E R U L B A I R E C G N Y M C A T R G M I A D T R N A V Y W Z P E E L M R M S O R I H M D V L R R P A G J J F E R W R T K I Z B A C N F K R K H E D M C D R L I N L O F I O U A V A Z S G X T F U C I A I W P B O F D I W Y F L M M T B A O C S O L D I E R K A Z B A R N B L A R E N E G C R G V D N S T H N W I J L C B G O R S G Z D AIRFORCE AMERICA ARMY FLAG GENERAL MAJOR MARINES NATIONAL GUARD NAVY RIBBONS SOLDIER VETERAN WAR Lloyd Drager (29)

6 Page 6 NEW INVESTIGATOR FACES AROUND THE DISTRICT Stephen A. Chavez, Cibola Steve began his Law Enforcement career by attending the University of NM Police Academy in Gallup. He achieved awards as Class President, Class Valedictorian, Best Driver and Overall Top cadet. Steve became a patrolman for the Village of Milan in He attended Interview and Interrogations school with the FBI, which would serve him well in the years to come.. He than moved on to Cibola County Sherriff's in Steve was promoted to Patrol Sergeant by Sheriff Larry Diaz within two months of being hired. Steve has worked for the Laguna Police as a Sergeant and was acting Administration Sergeant, he later supervised the Investigation Division that he helped create. He helped implement the Laguna Community Policing Program. Steve attended several FBI sponsored schools on Homicide, Child Forensic Interviewing and Crimes Against Children. He also attended Bellevue University to study Police Administration and is currently working on his Bachelor s Degree Steve has lived in Grants since 1978 and has been married to Christine Chavez since Steve has three adult children and one daughter still at home. Mark A. Radosevich, Sandoval Mark started his law enforcement career in the early seventies while completing his work as an undergraduate at NMSU. He graduated from Las Cruces Police Department Law Enforcement Academy in While in Las Cruces he held several positions with the NMSU Police Department, Dona Ana County Sheriff s Department, Metro Narcotics Agency, Las Cruces Police Department and the Medical Office of the Medical Investigator and the New Mexico State Police. In the eighties he moved from Las Cruces to the State Police Training Division in Santa Fe. While in Santa Fe he had the opportunity to fill a variety of positions including Commander of the State Police Training Division, Criminal Investigations and was part of the Chief s Executive Staff. Mark retired from State Police in He was then appointed Director of the Probation and Parole Division of the New Mexico Corrections Department. Mark has held several positions such as Interim Chief of Police, trainer for law enforcement and a hearing officer for Law Enforcement disciplinary matters. Charles Nuanes, Valencia Charles began his law enforcement career with the Los Lunas Police Department in Charles progressed through the ranks of the department working in the Patrol Division, Investigations Division as a Detective, Detective Supervisor, Detective Lieutenant and serving as the Department Police Captain prior to his retirement in March Charles graduated from the New Mexico Law Enforcement Academy and currently holds an Executive Level State Police Officer Certification. He also received executive training through the FBI and the National Center for Missing and Exploited Children. Born and raised in Albuquerque, New Mexico he graduated from Albuquerque High School in 1982 and is currently pursuing a degree in Criminal Justice. Charles serves his community by participating in various organizations such as Bernalillo County Sports program, he also is a volunteer Fire Fighter with the Blue Water Acres Fire Department. In addition to police work, he enjoys spending time with his wife, daughter and son. He also enjoys boating and riding his Harley.

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