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A Navajo Trapped in Flawed Judicial Machinery in New Mexico By Chad Chandler Redhouse
I appreciate the Sun News of Santa Fe and OpEdNenews publishing an article a few issues back regarding the fact that I was unjustly incarcerated for more than five months on a bogus, fictitious, sham and frivolous domestic violence charge resulting from my new wife at the time calling the police when she was inebriated and exaggerating what was little more than a drunk episode for both of us. I am a Navajo and have always been opposed to any kind of violence to women, but this matter was different, very different.
The police immediately believed all of her make believe story, even adding some misinterpretations of their own, which was offered to them as a kind of enhancing moment for a drama queen, and from then on, it was all totally down hill for me as a Defendant. I was held without bail being set for some time, and then never arraigned properly. The District Attorney’s office double- and triple-docketed 4 cases against me into a total of 12 charges, in three different courtrooms, before 3 different magistrate judges, out of intention or out of error, its hard to tell…. Then, when after more than 100 days (and the law says no more than 30 days), I motioned to have those charges dismissed. No problem for Judge David Segura: he just re-arraigned me on the spot, never mind the rules that pertain to Magistrate’s Court procedures.
The staff attorneys from the Public Defender’s office were worse than useless. They lost pleadings; they “forgot” to file motions, they made up things, they failed to observe even the most rudimentary of the regulations applying to my case about prescribed time limitations and bail hearings,and they continually advised me to plead guilty to one misdemeanor charge,implying and promising that the other charges would “go away.”
Heaven help the person in that situation, and there are thousands, if you are not guilty and everyone supposedly representing you is telling you to plea guilty! It is hard to say which is more ineffective: the miscarriages of justice perpetrated by the Magistrate Court Level in the name of the law, or the totally inept efforts of the Public “Defenders.” Fortunately, I had some folks who cared and some great legal assistance which was essentially availed to me pro-bono because I was penniless at the time, although I am going to try to repay the most serious of these helpers anyway.
Pity the thousands of poor minority defendants who have no access to law libraries, or have no friends who know members of the New Mexico Court of Appeals and the New Mexico Supreme Court who could take an interest in these matters and point out some possibleprocedural solutions. The Detention Centers in New Mexico are full of thousands of people, some innocent and some guilty, who are waiting trials, waiting for arraignments, waiting for hearings, waiting for anyone to care anything about what happens to them. Most of them are suffering terribly. Fortunately, my friend was able to put together a Habeas Corpuspetition, which was introduced to the Honorable Stephen Pfeffer, District Court Judge, on Friday. He seemed to understand the unfairness of my predicament and ordered a new, contract Attorney to be appointed for me.
Evidently, this was enough to collapse the “house of cards” being maintained by the prosecutors; they caved in and dismissed all of the charges. I am writing this on my first evening of freedom in almost six months! No wonder there is such a terrible rate of recidivism in theUSA! The processes proscribed in our Constitution intended to protect people’s liberties are routinely abused and ignored, and that has been going on a long time before Guantanamo, especially if you are an African American, a Native American, or a Hispanic American.Meanwhile, the real domestic abusers seem to just keep going on withtheir abuse, and many get away with it entirely. There has to be abetter way to do these proceeding in courts. The problems it causesboth individuals and society at large are looming and complex: theyare not going to go away until enough people really care, or reallywant to remedy these grievous situations. My thanks to those who helped me, including the staff of the SantaFe Sun News, and may you continue your fine efforts!
