The Associated Press
Las Cruces, N.M. (AP) -- Las Cruces’ two municipal judges have criticized police and city prosecutors, saying officers routinely miss court appearances and force cases to be dismissed.
City Manager Jim Ericson asked for specific examples so they can be investigated. Interim Police Chief Harry Romero said the department is preparing a response.
Municipal Judges James Locatelli and Melissa Miller-Byrnes, in a letter May 25 to city councilors, the mayor, city attorney, Ericson and Romero, asked for an investigation into the management of the city attorney’s office and the Las Cruces Police Department.
The judges regularly dismiss cases “because of prosecutorial incompetence committed by the police and prosecuting attorneys,” they wrote.
They alleged police fail to appear at hearings and that officers are unprepared to testify. So many officers miss court hearings that it’s common knowledge among citizens that if they get a traffic ticket, they should seek a trial because there’s a good chance the charges will be dismissed because the officer won’t show up, they wrote.
The judges said an officer testified at a recent drunken driving trial that he deliberately missed a state Motor Vehicles Department administrative hearing because he didn’t want the defense lawyer to hear his testimony or have a chance to cross-examine him.
In addition, they contend prosecutors lack a professional attitude and often “failed to elicit testimony regarding criminal charges during their case ... so that those charges are dismissed.”
Ericson, in a response Friday, said the judges’ complaints were very general and did not document even a single instance.
He asked for a detailed list of problems and promised to review each instance and take action based on the findings.
The judges said they believed problems were caused by a lack of training, supervision and procedures, and said they made their complaints in the interest of operating the courts efficiently.
“When officers are ill-prepared they can be caught telling different versions and it casts doubt on their credibility,” Locatelli said Monday.