Michael Morris – In the Courts

I recently attended the trial of Jade Hicks (CR 09-1976 JH US District NM) for 2 felony assault counts, one of which alleges with a deadly weapon, to wit: beer stein, held in the US District Court in Albuquerque. This case gained some publicity as the beer stein incident during Oktoberfest 2007 at Holloman AFB. This case caught my attention when a relative of the Defendant informed me that the trial had been moved to Albuquerque from Las Cruces and not at the request of the Defendant. Thinking this odd I decided to attend the trial at the last minute. What jumped out at me during the trial and my initial review of other case documents was that the Government was lying to the judge about the words in its own evidentiary proffers brought by Assistant US Attorneys Shana Pennington and Jennifer Rozzoni in front of US District Judge Judith Herrera. The effect of these misrepresentations, when coupled with defense attorneys who appeared to merely to be in attendance at the trial, was a redefining of “No” into “Yes” trampling most existing law in most areas the tribunal trod. This is by no means my last word on this case – duh. What I urge the reader to focus on is not the guilt or innocence of the Defendant, but rather the means by which the prosecution secured the conviction in this case. If these tactics are ratified those of you concerned with your rights have one less concern in your lives.

Michael Morris

The ever erratic New Mexico Supreme Court today reinstated the conviction for child abuse against Kevin Jensen reversing the NM Court of Appeals. Jensen was convicted of child abuse of Robbie Stroup by feeding him in less than sanitary conditions after his drug addict parents had left him hungry on many occasions. Robbie turned up dead after being beheaded.

Michael Morris

Frank Cavazos entered no contest pleas to 9 counts of a 27 count indictment on Monday for his role in an embezzlement scheme while he was Scot Key's Chief Financial Officer at the 12th Judicial District attorney's office. On Tuesday an indictment was filed with the District Court charging Cavazos with witness tampering.

The applications for consideration and nomination for the District Judge position being vacated by Judge Frank Wilson at the end of the year.

The meeting of the District Judicial Nominating Commission will be held on October 3, 2008 at 9 am at the Otero County Courthouse in Alamogordo. The meeting is open to the public.

Candidate names and Commission members are listed in the full story.

After many months, an outrageous ruling by Sierra County Magistrate Judge Thomas Pestak and 2 excusals of judges the preliminary hearing for former State Park Ranger Clyde Woods has been set for October 6. This time Woods is charged with second degree murder for shooting an unarmed 60 year old man twice in the back after he failed to pay a $14 camping fee. 12th District Attorney Scot Key is the Special Prosecutor. Clyde Woods is represented by Anthony Filosa of Truth or Consequences and Ruidoso attorney Gary Mitchell.