| What is the difference between family court
and criminal court? The answer may seem quite obvious to you: one
deals with criminals and one deals with parents. However, in New
Mexico, the judges seems to be confused about this obvious fact.
This case is the most excellent example of how absurd (and abusive)
the courts can be to a father simply seeking to see his children.
One of the tactics employed by parents who do not understand (or
do not care) how damaging refusing their children to the other parent
can be to the children is to make repeated, false complaints of
abuse on the part of the other parent. That is how this case began.
. .
|
Note: Unlike most of our stories, we have agreed
to protect the identity of this father because he is interviewing
for employment right now. Even though father has been trying to
get the criminal status removed from his records for years, he has
not yet succeeded in spite of a plethora of communication with the
FBI and the Bernalillo County Sheriff's Department and the filing
of multiple pleadings in the Metropolitan and District Court cases.
- On December 29, 1999, father called the police because he and
his former wife were in a temporary period of conflict. Upon arriving
at the household, the police decided to charge father, who made
the call, instead of his wife. He was charged with two counts:
count
1 was assault on a household member, and count
2 was resisting/obstructing an officer.
- Prior to the occurrence, father was conditionally hired by a
national laboratory to support strategic planning based on the
outcome of an application for a government security clearance
submitted by the lab. The employer subsequently withdrew employment.
Father provided an explanation
for clearance review personnel regarding the incident.
- On January 10, 2001, Bernalillo County Metropolitan Court Judge
Grant dismissed the case, stating in his Order
that the Assistant District Attorney announced that it was not
ready for trial. (Unfortunately, the Asst. DA was not honest enough
to state that there was insufficient evidence. Not wanting to
admit fault in wrongly bringing charges, the Asst. DA simply states
- after over a year - that the State is "not ready for trial".)
It is important to the latter part of this story to note that
count 2 of the complaint for obstructing an officer and resisting
arrest was also dismissed and there was no trial on the matter.
- Needless to say, the parties ended up getting a divorce. The
domestic relations case was handled by Judge
Ernesto Romero. Years after the false domestic violence claim
and dismissed charges, the parties attended a hearing before Judge
Romero. The case was recessed; the hearing was over. However,
Judge Romero changed his mind and somehow resumed the hearing.
Father was not present. Judge Romero, having a penchant for jailing
parents for all kinds of ridiculous reasons (see this link
for another jailing story involving this judge), issued a bench
warrant for father's arrest for "failing to appear"
at a hearing.
- Father lost his job (as many parents going through this system
do) and had to move to another state to secure employment. Over
the next year some things happened that were very hard to understand.
It took years and many letters and telephone calls for father
to finally obtain the records we are exposing herein. In the end,
he had to obtain most of the records from other states because
the New Mexico Courts and the Bernalillo County Sheriff's Department
refused to timely comply with his many requests. In the meantime,
he was no longer eligible for a government security clearance
because of the outrageous actions taken by Judge
Ernesto Romero and the Bernalillo
County Sheriff's Department.
- Father was pulled over a few times for what should have been
routine traffic stops in various states, but the stops ended up
being anything but routine. Law enforcement teams were called
and father found himself surrounded by drawn weapons. Finally,
he was involved in a disturbance on October 12, 2005 because of
his frustration in attempting to accomplish a business transaction.
He was arrested and taken in by a local police department. Because
of this experience, he was able to begin obtaining records to
find out what was happening. Records
provided to him by a far northeastern state show communication
between them and the Bernalillo County Sheriff's Department regarding
whether he should be extradited to Bernalillo County from the
northeastern state to face felony charges. Again, father did not
know about any of this at the time he was taken to jail, but he
realized there was a problem because he was held overnight, missing
a major customer meeting out of town and seriously impacting his
employment. Note that the records state "Fel[ony] warrant
signed by Judicial District C[ou]rt J[u]dg[e] Romero 20050602
/ Ch[ar]g[e] is failure to appear at the time and place ordered
by this C[ou]rt / hold no bond"
- The reason for being held overnight became clear after obtaining
the records from various federal and state sources over a period
of two years. The out of state jurisdiction was consulting with
the Bernalillo County Sheriff's Department to determine whether
father should be extradited to New Mexico. Records
from October 13, 2005, the next day, show Bernalillo County's
response to the out-of-state jurisdiction: "After further
review, the Assistant District Attorney on the case declined to
extradite from your jurisdiction." It is nice to know that,
at least in this case, the District Attorney's office did not
continue to play the abuse of power game started by Judge
Ernesto Romero.
- Little by little the picture came into focus. Father finally
received (after years of written requests) from the Bernalillo
County Sheriff's Department on January 18, 2007 a letter
with a timeline of events that occurred, stating that the
warrant Judge
Ernesto Romero issued for father's arrest had a "no bond
hold". The letter stated, "On June 7, 2004, the warrant
was put into the NCIC (National Crime Information Center) computer
database by the Bernalillo
County Sheriff's Department with extradition within the continental
United States." According to the letter, it was not until
August 10, 2006 that the warrant was cancelled and removed from
the NCIC computer database because of a Warrant Cancellation Notice
from the Second Judicial District Court. The reader needs to understand
that when the FBI NCIC database states that there is a warrant
with a "no bond hold", it usually means the person is
a serious murderer, a terrorist, or the like. The letter also
contained aprintout
from the NCIC database, stating "Caution: History of
assault on police officer". This statement, along with the
"no bond hold", explains why routine traffic stops ended
up with weapons drawn on father. In fact, the only "history"
they could possibly be referring to was New Mexico's own false
charge of resisting arrest (from the beginning of this story)
that was dismissed by the Bernalillo County Asst. DA without trial
in January 2001.
- This story is a perfect example of how New Mexico law enforcement
colludes with the New Mexico courts in confusing parents with
criminals. Our membership abounds with stories of being hit with
felony charges in family court, an unlawful abuse of power that
ruins the lives and livelihoods of parents trying to support their
children.
|
| last updated on
April 18, 2008
|
|