Martinez Message

Serving Cibola, Sandoval, and Valencia Counties

Issue 14 February/March 2011

Staff Profile : Sharon Valdez

and Samantha Robinson

Cibola County

I would like to take this opportunity to thank the staff of the 13th Judicial District for their con-

tinued participation in outreach to our community. All three counties participated in local char-

ity drives in order to help those in need during the holiday season. First, I would like to recognize

the Valencia County D.A.‘s staff and the community for a job well done! With coordinated efforts

from other non-profit organizations, churches and courts, the Valencia County D.A.‘s office spon-

sored the Annual Toys for Tots Drive benefitting the local children of Valencia County. Approxi-

mately 800 toys and $1000.00, which were mostly gift cards from Wal-Mart, Smiths and the

residents of the Valencia Community, were donated. This office also participated in the 13th Ju-

dicial District Attorney‘s Annual Sock Drive. The donations were distributed to the children in

the Belen Public Schools.

The Sandoval County D.A.‘s office along with Jeff Diamond Law Firm held its Annual Sock

Drive. Donations of new clothes, jackets, socks, gloves, hats and blankets were collected and

given to local children in the Sandoval County area. The Sandoval County D.A.‘s office also spon-

sored a family from the community. With the money donated, they were able to purchase Christ-

mas presents and food for the family.

The Cibola County D.A.‘s office, also participated in the Annual Sock Drive. Donations went to

the Community Outreach Center in Grants to help those families in need.

On February 3, 2011 the 13th Judicial District Attorney‘s office hosted a Law Enforcement Sum-

mit in Sandoval County. In attendance were the Police Chiefs‘ from the City of Rio Rancho,

Towns of Cuba, Corrales, Bernalillo and the Sandoval Sheriff's Department. The purpose of the

summit was to increase communications, collaboration and set policy objectives between the

D.A.‘s office and local law enforcement. A big ―thanks‖ to D.A. Investigator Felix Nunez for orga-

nizing and arranging refreshments for the summit.

The Valencia County D.A. office will host a Law Enforcement Summit at 9:00 a.m. on February

15, 2011 at the Wells Fargo Bank Building, 4th Floor, Belen, New Mexico.

I recently attended a meeting with the newly appointed U.S. Attorney Kenneth Gonzales along

with several of my colleagues from other parts of the state.

THE 13TH JUDICIAL DISTRICT ATTORNEY’S

REPORTER

13th Judicial

District Attorney

Reporter

333 Rio Rancho Blvd.

Ste. 201

Rio Rancho, NM 87124

Annette Martinez-Varela

Publisher

Suggestions

please send to

13specialprograms@da.state.nm.us

***************************

INSIDE: Pages:

Martinez Message

Legal Corner 2

YOU “Rock” 3

& Staff Profile

High Profile Cases 4

Around the Water 4-6

Cooler

Conference 7

***************************

Regards,

LEMUEL L. MARTINEZ

13th judicial District Attorney

US Attorney Kenneth Gonzales ,

front row second from the right,

New Mexico District Attorney’s,

and the Director of AODA

Page 2 Legal Corner

30-6-1. ABANDONMENT OR ABUSE OF A CHILD

A. As used in this section: (1) ―Child‖ means a person who is less than eighteen years of age ; (2) ―neglect‖ means that a child is without proper parental care and control of subsistence, educa-tion, medical or other care or control necessary for the child‘s well being because of the faults or hab-its of the child‘s parents, guardian or custodian or their neglect or refusal, when able to do so, to pro-vide them; and (3) ―negligently‖ refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child. B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leav-

ing or abandoning the child under circumstances whereby the child may or does suffer neglect. A person who commits abandonment of a child ‗s death or great bodily harm, in which case the per-son is guilty of a second degree felony.

C. A parent; guardian or custodian who leaves an infant less that ninety days old in compliance with the Safe Haven for Infants Act [24-22-1 NMSA 1978] shall not be prosecuted for abandonment of a child.

D. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifi-able cause, causing or permitting a child to be :

(1) placed in a situation that may endanger the child‘s life or health; (2) tortured, cruelly confined or cruelly punished; or (3) exposed to the inclemency of the weather. E. A person who commits abuse of a child that does not result in the child‘s death or great bodily

harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm to the child, the per-son is guilty of a first degree felony.

F. A person who commits negligent abuse of a child that results in the death of the child is guilty of a first degree felony.

G. A person who commits intentional abuse of a child twelve to eighteen years of age that results in the death of a child is guilty of a first degree felony.

H. A person who commits intentional abuse of a child less than twelve years of age that results in the death of the child is guilty of a first degree felony resulting in the death of a child.

I. Evidence that demonstrates that a child has been knowingly, intentionally or negligently allowed to enter or remain in a motor vehicle , building or any other premises that contains chemicals and equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child.

J. Evidence that demonstrates that a child has been knowingly and intentionally exposed to the use of methamphetamine shall be deemed prima facie evidence of abuse of the child.

K. A person who leaves an infant less than ninety days old at a hospital may be prosecuted for abuse of the infant for actions of the person occurring before the infant was left a the hospital.

New Mexico Criminal and Traffic Law Manuel

You ―Rock‖ & Staff Profiles Page 3

CIBOLA COUNTY STAFF PROFILE

SHARON VALDEZ, Victim Advocate

VALENCIA COUNTY

Jeanette Connelly, Secretary

CIBOLA COUNTY

Lloyd Drager, Deputy DA

SANDOVAL COUNTY

Kevin Graham, Sr. Trial

YOU “ROCK” Award

IS AWARDED TO INDIVIDUALS WHO SHOW OUTSTANDING CHARACTER,

PROFESSIONALISM, TEAMWORK, AND WORK ETHICS

CONGRATULATIONS!!

Sharon was born in Santa Fe, New Mexico. She has one daughter, Lynette, who is 27

years old. She attended Pojoaque High School and graduated in 1984. In 1988, she

moved to Albuquerque, where she began working as a receptionist at her uncle‘s law

office. In 1994, she began working at the New Mexico Public Defender Department

as a legal secretary in the felony division. In 1999, she was promoted to Administra-

tor of the Capital Crimes Division, where she assisted with First Degree Murder and

Death Penalty cases. In 2005, she was the first non-attorney elected to the New

Mexico Criminal Defense Lawyers Association board and served for two years. In

2007, she began working as a legal assistant to Michael V. Davis, Attorney at Law. In

2009, she moved to Grants, New Mexico and began her dream job as a victim advo-

cate at the 13th Judicial District Attorney‘s Office. She has found her calling, which is

helping victims in their most difficult times and making a difference in their lives.

She also enjoys working with everyone in her office. They are a wonderful group of

people and have become like a family to her.

Samantha is a proud mother of two wonderful children ages 9 and 8, she recently got mar-

ried to her boyfriend of ten years in August 2010. She is currently pursuing an Associate‘s

degree in the field of Criminal Justice at New Mexico State University-Grants branch and

hopes to receive a Bachelor‘s degree in this field as well. She currently holds a certificate as

a Nursing Assistant, and is a certified Tribal Court Clerk. Samantha‘s interest in the crimi-

nal field began when she was a dispatcher at the Grants Police Department. Shortly there-

after she became an officer at the Cibola County Detention Center and later a Sergeant. She

is also a member of the Special Operations Group. She has always had a great passion for

serving the community and respects all those who serve so bravely in both the military and

law enforcement.

Samantha enjoys various outdoor activities- her favorites are camping, fishing, and skiing.

Her and her husband are very involved in their children‘s sports activities and have both

coached and assisted in coaching in the past. Samantha‘s parents have always stressed the

importance of education, hard work and dedication throughout her childhood. She strives

to teach these same morals and ethics to her children.

Additionally, Samantha enjoys working as a felony secretary with the 13th Judicial District

Attorney‘s Office and appreciates the knowledge and experience she has gained. She said

she plans to be like a ―sponge‖ and absorb as much knowledge as she can in this position

and is eager to advance both professionally and educationally.

SAMANTHA ROBINSON,

Secretary

Around the Water Cooler Page 4

CCRT MEETINGS ARE HELD MONTHLY IN EACH COUNTY. (Please come join us)

Cibola County Victims Need Crystallized Meeting

3rd Tuesday of every month, 10:30 am to 12:00 pm

Coyote Del Malpais Golf Course

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 Railroad Station, (Conference Room) 101 Courthouse Rd.. NE LL, NM

HIGH PROFILE CASES

Cibola County:

St. vs. Jonathon Matthews; Embezzlement

(over $20,000); grand jury indictment

St. vs. David Quintana; Murder in the 2nd De-

gree; grand jury indictment

Sandoval County:

St. vs. Kenneth Elliott; CSP of a minor (under

13); guilty pending sentencing

St. vs. Eric Fierro; CSP of a minor (under 13-

16); guilty; sentenced to 9 years

St. vs. Kenneth Gibbens; Murder in the first

degree; guilty; sentencing pending

Valencia County:

St. vs. Elias Chavez; Murder in the first degree

(willful & deliberate) Supreme Court upheld con-

viction

St. vs. Harry Edward Auge; (8) counts of em-

bezzlement; racketeering; conspiracy to commit

racketeering; grand jury indictment

St. vs. Robert Auge; 1 count embezzlement; 1

count conspiracy to commit racketeering and em-

bezzlement; grand jury indictment

St. v. Marshall Shaw; Aggravated Assault Upon

a Peace Officer (2) counts; Resisting evading or

Obstructing an officer; grand jury indictment

St. v. Joe Easley; 2nd degree murder; tampering

with evidence; sentenced to 19 years

UNDERSTANDING PAYROLL TAX DEDUCTION CODES

By Carmen Gonzales, Human Resources Administrator

Many of us don‘t pay much attention to payroll tax deductions and, unless we see a decrease in our take home pay, we seldom pay attention to the deductions side of our paychecks. If you have direct deposit, you receive what is called an ‗advice‘ (pay stub). For the most part, all deductions are clear and easy to under-stand, but then there are ‗those‘ codes on the Taxes side that raise questions for some of us. They are mandatory deductions. I hope the following will be helpful and answer your questions: Fed Withholding—This is your Federal Tax withholding based on your W-4 NM Withholding—This is your State Tax withholding, also based on your W-4 Fed MED/EE—This is your share of the deduction for Medicare Fed OASDI/EE—This is your share of Old-Age, Survivors and Disability Insur-ance (OASDI) program taxes which is one of two parts of FICA. FICA means (Federal Insurance Contributions Act) Tax. It is a U.S. payroll (or employment) tax imposed by the federal government on both employees and employers to fund Social Security and Medicare– federal programs that provide benefits for retirees, the disabled, and children of deceased workers. Social Security Benefits include old-age, survivors, and disability insurance (OASDI). Medicare provides hospital insurance benefits. What is not shown on your payroll advice, but equally important, are the tax con-tributions paid by the Employer for employees for each of the above.

Photo: La bonita nieve cubre

Sandia Mountains , de Febrero 4, 2011

Upcoming Events

February (2011)

Ground Hog Day (2)

St. Valentine’s Day (14)

President’s Day (21)

March (2011)

Ash Wednesday (9)

Daylight Saving Time Begins (13)

St. Patrick’s Day (17)

New Mexico Legislature Ends (19)

Spring Begins (20)

Around the Water Cooler Page 5

Happy Birthday!

FEBRUARY

Mark Radosevich (7)

Kenneth McDaniel (8)

Matthew McKenna (11)

Cheryl Johnston (15)

Thomas Tapia (17)

Judith Reed (19)

Laurie Glaser (26)

MARCH

Jackie Gallegos (4)

Larry Olguin (7)

Paula Smith (14)

Mr. Howden (18)

Daniel Gallegos (19)

Bryan McKay (22)

Catrina Madrid (30)

“WHAT WE SEE WHEN WATCHING OTHERS:

DEPENDS ON THE PURITY OF THE WINDOW

THROUGH WHICH WE LOOK...author unknown”

SPRING

APRIL FLOWERS RAIN

BLOOM GALOSHES RAINBOW

BLOSSOM GREEN SUNSHINE

BUTTERFLY GRASS UMBRELLA

DAFFODIL PUDDLES

A Q K F S F N W B U A Z S Y U

R Y S S H V L U N L B R G A U

R S A H S Q T O L X A S P N H

T R E G R T O E W I U U U E Q

G M L H E E R U N E C R D E R

Z P O R S B C B U E R R D R U

B Q F O M O O H Y N Y S L G A

C L T U L W L R A I N E E W I

Y C G P J B J A G H E H S A J

Z P A W I H Z E G S Y B I K S

W B L O S S O M U N L I R P A

L I D O F F A D S U Y R Z O P

N L N U Q W Y V F S N H B W X

J I W U F M J J P K V R Q S Y

J Q M M R K N Q M J L N Z M O

Page 6

The membership of the Cibola County Bar Association desiring to spread some holiday cheer recently resolved to provide some of the less fortunate families in Cibola County with groceries for a Christmas turkey dinner. Pictured are District Attorney, Lemuel Martinez, and Cibola County Bar President, Leslie R. Herbst, delivering groceries to-Daisey Castillo and her children in Milan, New Mexico on December 22, 2010. (Left photo)

Sandoval/AMREP Annual Sock Drive; Staff from the AMREP office and the staff from the Jeff Dia-

mond Law Firm; On behalf of Mr. Martinez he would like to give a “Special Thanks” to Jeff Diamond

Law Firm for the donations to the Sock Drive (Below Photo)

Valencia D.A.’s office along

with the CCRT took over the

Toy Drive for the Sheriff’s

Dept. this holiday. Toys

where collected for the Va-

lencia Shelter Services. A

“Special Thank” to Allison

Endicott-Quinones and

Brittney Echols for all your

hard work. Thanks to all the

donors: Valencia D.A.’s

Office, Belen Dept. of

Health, NM Coalition of

Sexual Assault Programs; St.

Matthew’s Church; Kirtland

AFB 1st Sergeant’s Council;

Partners in Wellness; Law

Office of Joe Allred and The

Honorable Judge John W.

Pope. (Right Photo)

Valencia D.A.’s office

Annual Sock Drive.

(Above and Left

Photo)

Cibola County Bar Association

Page 7

Identifying and Seizing Electronic Evidence (ISEE)

TOPICS COVERED

RECOGNITION Define electronic evidence, explain how it can

be involved in a crime, describe where elec-

tronic evidence can be found, and list some

network devices that may be found at a crime

scene.

PREPARATION Describe some significant pre-seizure consid-

erations, list where pertinent information can

be obtained, explain how to locate potential

expert assistance, and identify some important

legal considerations.

PRESERVATION List the initial steps to take in preserving elec-

tronic evidence, describe techniques utilized to

properly document a seizure, explain the ap-

propriate method of preserving relevant evi-

dence on a computer, and list the steps neces-

sary to safely seize a computer.

COLLECTION Explain the importance of documenting post-

seizure scenes, describe the proper method for

transporting electronic evidence, and discuss

what to consider in determining where to store

electronic evidence.

*****************************

NW3C

1000 Technology Drive

Suite 2130

Fairmont, West Virginia 26554

304/366-9094 ph

304/366-9095 fax

FREE TRAINING!

Cyber Investigation 100 – ISEE

The ISEE course is designed to instruct partici-

pants in the basics of recognizing potential sources

of electronic evidence, preparing them to respond

to an electronic crime scene, and to safely and me-

thodically preserve and collect items of eviden-

tiary value to be used in court proceedings.

Date of Training: Location:

March 22, 2011 (9am-3pm) Future Foundations

551 Washington Ave.

Grants, NM 87020

March 24, 2011 (9am-3pm) Sandoval County

Sheriffs Dept.

1500 Idalia Rd. NE

Bernalillo, NM 87004

March 31, 2011 (9am-3pm) 13th

Judicial DA’s Of-

fice – 4th floor

101 S. Main

Belen, NM 87002

Class size is limited to 25 students

NMDPS Accreditation #: NM10-63S

Registration:

http://nw3c.org/ocr/courses_desc.cfm?cn=ISEE

Hosting Agency:

13th Judicial District Attorney’s Office

Lemuel L. Martinez – District Attorney

Information Contact:

Chief Investigator Marty Vigil

(505)285-4627 x 23220 or mvigil@da.state.nm.us