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Bail Reform: Overdue And More To Do

on October 20, 2017 - 4:36pm
Leo M. Romero
 
SUPREME COURT News:
 
Reforms to New Mexico’s traditional money-based bail system will make our community safer by permitting judges to lock up defendants who are most likely to commit new crimes if released. And the reforms should not be blamed for the increase in crime reported in the press. They became effective just three months ago, on July 1. 
 
Before the reforms, dangerous defendants could buy their way out of jail by paying a bondsman.

County Files Petition In Sherman Dog Case

on October 19, 2017 - 6:37am

COURT News:

A petition to adjudicate two dogs belonging to Leslie Sherman of White Rock as dangerous has been filed in First Judicial Court by Los Alamos County Attorney Alvin Leaphart.

Sherman was charged in Los Alamos Magistrate Court in April with two counts of keeping an animal known to be vicious and likely to attack human beings. The charges were in connection with the Mar. 29 death of a small dog at an Acoma Lane home. At that time, Sherman’s dogs were seized and kept at the Los Alamos Animal Shelter.

In May, the criminal charges against Sherman were dismissed and a civil complaint

Judge Denies Dangerousness Motion In Collins Case

on October 19, 2017 - 6:26am

Tyson Collins enters the First Judicial District Courtroom of Judge Mary Marlowe Sommers Monday afternoon. Photo by Maire O'Neill/ladailypost.com

 

By MAIRE O’NEILL
Los Alamos Daily Post

A 24-year-old Washington state man was granted conditions of release Monday in First Judicial District Court in Santa Fe despite appeals from Deputy District Attorney Kent Wahlquist that he remain incarcerated pending trial.

Tyler Collins was charged Oct.

Los Alamos Police Blotter: Oct. 11 - Oct. 16, 2017

on October 18, 2017 - 10:11am

LAPD News:

The following information is provided by the Los Alamos Police Department. Neither arrests nor charges indicate a conviction, and neither means that a person is guilty of the charges against them.

JOHN CRAVEN

Oct. 11 at 1:07 p.m. / Police arrested John Craven, 35 of Santa Fe at 2500 Trinity Dr., on an outstanding District Court warrant.

 

 

 

MARIA E. VALDEZ

Oct. 12 at 9:15 a.m. / Police arrested Maria E.

Los Alamos Resident Greg White Files Suit In New Mexico Supreme Court Against County Council

on October 17, 2017 - 5:53pm
Los Alamos resident Greg White at a council meeting. Photo by Carol A. Clark/ladailypost.com
 
By MAIRE O’NEILL
Los Alamos Daily Post
 

Los Alamos resident Greg White has filed a verified petition for a writ of prohibition against the Los Alamos County Council and the Incorporated County of Los Alamos with the New Mexico Supreme Court requesting that the Court exercise jurisdiction. The petition, filed Oct.17, lists Los Alamos County Sheriff Marco Lucero as an interested party.

White recently announced that he will be a candidate for sheriff in 2018.

The

County Settles Tort Claim For $4,000

on October 17, 2017 - 3:56pm
By MAIRE O’NEILL
Los Alamos Daily Post

A suit filed against the Los Alamos County Council, Police Chief Dino Sgambellone, Ofc. David Bradshaw and Ofc. Joseph Ortega seeking damages for assault, battery and false imprisonment under the New Mexico Tort Claims Act has been dismissed and the County has agreed to pay Andrew Abeyta $4,000 in settlement.

Under the terms of the agreement, which was executed in September, Abeyta will pay all his own attorney’s costs and the County will not admit to any fault or wrongdoing.

The alleged incident occurred Dec.

Response Filed In IPRA Suit Against County Council

on October 17, 2017 - 7:06am
By MAIRE O’NEILL
Los Alamos Daily Post

Court documents filed Oct. 10 on behalf of Patrick Brenner and his mother Lisa Brenner state that there is no “win-win” in a proposal by Los Alamos County Council unless the Inspection of Public Records Act (IPRA) is complied with in a case involving emails in a personal account belonging to County Council Vice Chair Susan O’Leary.

The Brenners had asked the County through its Custodian of Public Records Barb Ricci to release every email by every Councilor from May 15 but O’Leary has maintained that she has a privacy interest

FBI: David A. Hickman Pleads Guilty To Using Fire Or Explosives To Damage Or Destroy Buildings

on October 13, 2017 - 9:33am
FBI News:
 
ALBUQUERQUE  David A. Hickman, 28, of Albuquerque, pleaded guilty in Federal Court to five counts of damaging and destroying buildings used in interstate commerce by fire or explosive. 
 
Although Hickman pled guilty to five arson counts, in his plea agreement, Hickman acknowledged igniting arson fires that damaged or destroyed nine businesses engaged in interstate commerce in Albuquerque between Nov. 16, 2016 and Nov. 26, 2106. The plea agreement includes a recommendation that Hickman be sentenced to a term of imprisonment within the range of five to 20 years. 
 

Man Extradited To Los Alamos For Alleged Crimes Against A Child

on October 12, 2017 - 9:34pm
Tyson Collins
 
By MAIRE O'NEILL
Los Alamos Daily Post

Tyson Collins, 24, was charged Oct. 10 with child solicitation by electronic communication device, sexual exploitation of children and criminal sexual communication with a child. The warrant was requested by Los Alamos Police Det. Matt Lyon and signed by Magistrate Judge Pat Casados July 12.

Collins was taken into custody July 26 by Centralia Police Department in Lewis County, Wash., and was finally extradited to Los Alamos last week. Deputy District Attorney Kent Wahlquist filed a motion Oct.

Coleman Smith Appeals Municipal Court Judgment

on October 12, 2017 - 7:16am

Staff Report 

 

Attorney Marc W. Edwards has filed a notice of intent to appeal a judgment and sentencing handed down by Municipal Judge Alan Kirk to the First Judicial District Court on behalf of his client, Coleman A. Smith of Los Alamos.

Smith had pleaded not guilty but Judge Kirk found him guilty Sept. 22 of the charges of driving while under the influence of intoxicating liquor or drugs and prohibited activities while driving.

On the DUI charge, Smith received a sentence of 90 days in jail with 87 days suspended.

Los Alamos Police Blotter: Oct. 10, 2017

on October 11, 2017 - 1:37pm

LAPD News:

The following information is provided by the Los Alamos Police Department.

Neither arrests nor charges indicate a conviction, and neither means that a person is guilty of the charges against them.

DESIREE NITZ

Oct. 10 at 12 a.m. / Los Alamos police arrested Desiree Nitz, 27, of Los Alamos at 2500 Trinity Dr., on an outstanding District Court warrant.

 

 

TYSON M. COLLINS

Oct. 10 at 9:04 p.m. / Los Alamos police arrested Tyson M. Collins, 24, of Los Alamos at 2500 Trinity Dr., on an outstanding Magistrate Court warrant.

Appeals Court Sends Mallory Case To General Calendar

on October 11, 2017 - 1:07pm

Staff Report

 

The New Mexico Court of Appeals has assigned the case of Scott Mallory to the general calendar. A decision by First Judicial District Judge T. Glenn Ellington May 18 to suppress evidence found on Scott Mallory’s computer was appealed by the District Attorney’s office after Judge Ellington ruled that Mallory’s spousal privilege was violated and information on his computer and any statements made by Mallory to police were to be suppressed.

 

Mallory was arrested by Los Alamos Police Department in January 2016 and charged with sexual exploitation of children under 18 years by

Letter To The Editor: County Action Restores My Hope

on October 9, 2017 - 7:37am
By ANNE HAWES
Los Alamos
 
FINALLY! I had lost all hope that Los Alamos County would take a stand against the downright bullying of our sheriff.
 
From the first day he was elected as sheriff he has had his own agenda, not the citizens of Los Alamos County, of what the duties of our sheriff should be. And, he has been trying his best to shove it down our throats.
 
Last year it was placed on a ballot about whether the citizens wanted to keep or abolish the position of sheriff in Los Alamos County. The citizens voted to keep it and not by a huge margin.

Los Alamos County Files Petition For Cease And Desist Against Sheriff

on October 6, 2017 - 2:58pm
By MAIRE O'NEILL 
Los Alamos Daily post 

Los Alamos County has asked the First Judicial District Court to issue a temporary restraining order requiring local Sheriff Marco Lucero to cease and desist from enforcing state law and County ordinances.

In a verified petition for a temporary restraining order, preliminary injunction and permanent injunction filed Oct.

County Council Files Motion In Email Suit

on October 6, 2017 - 8:47am
By MAIRE O'NEILL
Los Alamos Daily Post

Los Alamos County Council has filed a motion asking the First Judicial District Court to conduct an in camera in chambers review of Council Vice Chair Susan O’Leary’s emails held on her personal account from May 15 to determine if they are “public record” and subject to review under the New Mexico Inspection of Public Records Act (IPRA).

Los Alamos resident Lisa Brenner and her son, Patrick Brenner, filed a complaint for declaratory judgment ordering production of copies of emails sent or received May 15 by Council members.

Balderas: Bernalillo Murderer Stays In Prison

on October 6, 2017 - 7:39am

Mark Romero

AG News:

BERNALILLO – Attorney General Hector Balderas announced Thursday that Mark Romero, who brutally murdered Francisco Landovazo in July 2011, will remain in prison after the New Mexico Supreme Court agreed with the Office of the Attorney General’s Criminal Appeals Division.

Using a gun, Romero and another man forced him into the trunk of a car, drove him to El Llanito, beat him with a baseball bat, hogtied him and choked him until he died.

“We are working to keep New Mexico’s most violent, dangerous criminals out of our communities and behind bars,” Attorney General

County Council Litigation Subcommittee Nixed

on October 5, 2017 - 10:15am

Los Alamos County Council, from left, Chair David Izraelevitz, Chris Chandler, James Chrobocinski, Rick Reiss, Pete Sheehey, Vice Chair Susan O’Leary and Antonio Maggiore. Photo by Leslie Bucklin/LAC

 

By MAIRE O’NEILL
Los Alamos Daily Post
 

An announcement by Los Alamos County Council Chair David Israelevitz at the end of the Sept. 26 Council meeting prompted a lengthy discussion with his fellow councilors and has ultimately been nixed.

Under the Council Chair’s Report item on the agenda, Israelevitz announced that a subcommittee was being started to work with

Man Charged In Alleged Incident At Camp May

on October 4, 2017 - 8:28pm
Police arrest Sachin Pandey, 31, of Los Alamos Tuesday morning near LANB and charged him with aggravated battery, false imprisonment and attempt to commit a felony – sexual assault stemming from an incident Sept. 24 at Camp May. Courtesy photo
 
By MAIRE O’NEILL
Los Alamos Daily Post

Sachin Pandey, 31, of Los Alamos was taken into custody Tuesday by the Los Alamos Police Department and charged with aggravated battery, false imprisonment and attempt to commit a felony – sexual assault.

An arrest warrant was issued by Los Alamos Magistrate Court Judge Pat Casados

Los Alamos Police Blotter: Sept. 29 - Oct. 3, 2017

on October 4, 2017 - 7:57pm

LAPD News:
 

The following information is provided by the Los Alamos Police Department.

Neither arrests nor charges indicate a conviction, and neither means that a person is guilty of the charges filed against them.​

 

MORRIS JEREMIAH

Sept. 29 at 10:09 a.m. / Police arrested Jeremiah Morris, 26, of Los Alamos at Mesa Verde on an outstanding Municipal Court warrant.

 
 
 
 
 
 
TRUJILLO, RUSSELL

Sept. 29 at 1:19 p.m. / Santa Fe Sheriff's Office arrested Russell Trujillo, 42, of Espanola on an outstanding Municipal Court warrant.
 
 
 
 
 
 
 
SEAN PAUL MONTANO

Sept.

Jones Also Investigated For Embezzlement In 2005

on October 4, 2017 - 8:05am

By MAIRE O’NEILL
Los Alamos Daily Post

maire@ladailypost.com

The Los Alamos Daily Post has obtained police records indicating that Tabatha Jones of White Rock was investigated in 2005 for allegedly stealing money from a former employer. The case was submitted to the First Judicial District Attorney at that time, but no charges were filed.

Jones was arrested Sept. 21 and charged with embezzling thousands of dollars from the non-profit Los Alamos Youth Football and Cheerleading League. She was taken into custody following an interview with Los Alamos Police Det.

Desiree Nitz Faces Probation Violation Hearing

on October 2, 2017 - 2:00pm
By MAIRE O’NEILL
Los Alamos Daily Post

Desiree Nitz, 27, of Los Alamos is facing a probation violation hearing Thursday in First Judicial District Court.

Nitz was on probation as part of a plea agreement reached in January on a case from September 2016 in which she was charged with driving under the influence, possession of heroin, two counts of child abuse and possession of drug paraphernalia.

Los Alamos Police Dispatch was notified Sept. 21 of a domestic battery in progress at a residence on Seminole Street. While in route, Cpl.

Judge Frees Joel Martin Pending Preliminary Hearing

on October 2, 2017 - 6:43am

Joel Martin arrives Thursday in First Judicial District Court in Santa Fe. Photo by Maire O'Neill/ladailypost.com

Los Alamos Police Det. Matthew Lyon testifies during a pretrial detention hearing for Joel Martin Thursday in the First Judicial District Court in Santa Fe. Photo by Maire O'Neill/ladailypost.com
 
By MAIRE O’NEILL
Los Alamos Daily Post

Joel Martin, 30, of Albuquerque, who is charged with the Aug. 25 aggravated assault on Los Alamos Police Cpl.

New Mexico District Attorneys Express Concern About Pre-Trial Detention Rules

on October 2, 2017 - 6:34am
By MAIRE O’NEILL
Los Alamos Daily Post
 

First Judicial District Attorney Marco Serna joined District Attorneys from New Mexico’s 13 Judicial Districts Sept. 26 in expressing concern regarding the implementation of the recently adopted pretrial detention rule, 5-409 NMRA in a letter to Chief Justice Judith K. Nakamura.

The District Attorneys collectively asked her to amend the rule to better protect the public, comport with established federal precedent and align with the intent of the recently adopted amendment to the state Constitution.

The letter to Justice

Convicted Lab Copper Thief Joshua J. Montoya Faces Probation Violation Arraignment

on September 30, 2017 - 5:57am

Staff Report

 

Joshua J. Montoya, 23, of Espanola, convicted in May of larceny of more than $2,500 in copper from Los Alamos National Laboratory, faces arraignment in First Judicial Court Oct. 16 for a probation violation.

A warrant was issued July 13 for Montoya by Judge T.

District Judge Riles At Inconsistency In Plea Deals

on September 27, 2017 - 5:16pm

Allan Houle, left, and his attorney Sam Ruyle arrive for a plea hearing Wednesday in the First Judicial Court in Santa Fe. Photo by Maire O'Neill/ladailypost.com
 
By MAIRE O’NEILL
Los Alamos Daily Post

Sentencing for Allan Houle of Los Alamos under a plea agreement was continued for 30 days Wednesday in First Judicial District Court. Chief Judge Mary Marlowe Sommer expressed concern with the inconsistencies between Houle’s agreement and that of Anthony Knief who was sentenced Monday afternoon in her courtroom.

After Deputy District Attorney Kent Wahlquist

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