Crime Victim Assistance through the District Attorney's Office

All District Attorney’s Offices in the State of New Mexico have a Victim Assistance staff. Depending on the size of the office there may be one victim witness coordinator or more, all of whom are there to advocate for victims, to offer a secure, comfortable, supportive environment where victims, witnesses and their families are introduced to the services available to them as they go through what in many cases is the worst time in their lives.

The 13th District Attorney’s office currently has five Victim Witness Coordinators – two in Sandoval County, Don and Judith, two in Valencia County Lacey and Alma and one in Cibola County, Deeva and one court dog named Cowboy to support victims through the course of criminal prosecution.

The testimonies provided by victims and witnesses are crucial to legal proceedings because they play a significant role in determining the outcome of a case. Each case is assigned its own victim-witness coordinator at the outset, who provides the victims with information about the court system, notification of court hearings, information about offender release and lets each victim know their rights. This is not all a victim advocate does. Each case is different, and each victim needs different help.

Don explained, “

More than anything our role is support and guidance. And to be frank we act as translators and guidance counselors for what the legal system is either doing to them or for them. The system is designed to protect the rights of the defendant. Most victims don’t have equality in terms of their rights and sometimes it’s hard to communicate this with the victims. Part of our job is to help them understand what is happening every step of the way and to support them and their families in the best way possible.”

Lacey, said that “often the hardest thing is when the victims don’t want to proceed”. This is particularly true with victims of domestic violence. Often the perpetrator is their “best friend” or the main earner for the family. How will the bills get paid if s/he is in jail?  What will the impact be on the family? So often the victim is also afraid of retribution and more violence because s/he supported court proceedings against their abuser.

While it doesn’t solve everything the advocate can assist the victim in accessing resources for possible reimbursement, rental assistance, counseling, loss of wages etc. For example, the Crime Victims Reparation Commission (CVRC) has applications for financial assistance up to two years from the date of the incident. The advocate can also point to resources for seeking Orders of Protection.

Lacey says that each day on the job is different, and she never knows what she is walking into. When victims take their frustrations out on her she tries not to take it personally. At the same time its critical “to try and keep my own emotions in check. These cases are hard and loaded. Sometimes it is especially difficult to both support AND respectfully separate my emotions from the victims’ emotions. My connection with the victims I support is personal. I’m with them all the way. Explaining the system to them, going to hearings, answering questions, sitting with them in court when they are scared, helping them get assistance as needed. When we lose cases, it’s hard, but the truth of the matter is my life goes on. The victims live with the crime and the outcome for the rest of their lives. That is one of the things I communicate from the beginning. Going to trial is not a guaranteed win. This is for me, especially hard when the crime has been committed against a child. When you don’t get the victory, the child essentially still has a life sentence in terms of living with what has been done to them.”

Deeava tells everyone not to be afraid to reach out. She is committed to being available and appreciates that her work helps to de-mystify the process and the work that we do.

I take so much pride in my work. I love helping people in the worst time of their lives, helping them to feel better and overcome obstacles. When you see someone who was literally terrified to testify, get up on the stand and speak the truth of what happened to them and overcome their fears, you can literally see that person change and grow before your very eyes. It’s the most rewarding thing to witness.

The commitment and dedication of our Victim Assistance staff is unparalleled. It is hard emotional work but as Don says, "There is nothing better than walking out of a courtroom and seeing a victim be able to breathe again. To have them turn and give you a hug and to have them say they couldn’t have done this without me. Personally, I have never worked at a job where I have felt so appreciated".

The Work: Changing Laws Takes Time and Persistence

The Work: Changing Laws Takes Time and Persistence

10 years ago, when Rio Rancho Police Officer Greg Benner was gunned down during a traffic stop, I prosecuted Andrew Romero, the shooter, resulting in a guilty verdict and life imprisonment without the possibility of parole. While working on that case I made a vow to fight to give law enforcement officers assaulted and harmed in the line of duty, the same rights as other victims of violent crimes.

Since then, and over the course several legislative sessions and with the help of multiple sponsors, the bill has inched toward passage to secure an amendment to the Victims of Crime Act to include certain enumerated crimes against a peace officer. The process to write, sponsor and steward a bill through the legislature is a long and winding road. I brought the bill, HB 104 before the legislature again this year. At this writing we have made it through the three steps which is the furthest distance and success thus far: the Health and Public Affairs Committee (HPAC) and the House Judiciary Committee (HJC) and just hours ago as I write this, the bill passed the house. Every step forward gives me hope. I am feeling more confident that this year might be the year it is passed into law. 

The Victims of Crime Act (VCA) establishes which crime victims are protected under the ACT and lists specific rights and assigns responsibilities to the courts, district attorneys and arresting or charging agency. Felony crimes against police officers are not included in the “definition” section of the VCA which means that a police officer who is a victim of Battery on a Peace Officer, Aggravated Battery on a Peace Officer, Aggravated Assault on a Peace Officer or Assault with Intent to Commit a Violent Felony on a Peace Officer, Has none of the 12 specific rights afforded to other citizens who are victims of the same criminal behavior. There is no reasonable explanation to justify the absence of these crimes from the VCA. It is unconscionable to deny the brave people who put their lives on the line every day such basic rights as the right to be notified of all court proceedings, the right to confer with the prosecution about the disposition of the case, and the right to be heard by the court on such matters as plea agreements and sentencing. The trauma, physical and emotional harm suffered by police officers while performing their duties are just as severe as for anyone else. Moreover, these crimes and the resulting negative and lasting impact affect public safety. 

Someone who will attack or shoot an armed police officer will not hesitate to do the same to you or me or any of our loved ones and fellow community members. Affording police officers these rights will satisfy one of the stated purposes of the VCA−to ensure that the full impact of the crime is considered by the Court. At a time when violent crime in our state is rampant and law enforcement and recruitment and retention is at an all-time low, it only makes sense to afford our police officer these rights and let them know New Mexico has their backs just as they are entrusted with having ours.

As I said, I made a vow to see this bill through to afford the same rights to law enforcement as other victims of crime. If HB 104 is not passed into law this legislative session, I will return for the next session and the session after that until it is passed. It is my belief that it is in the interests of all, regardless of any affiliation, political or otherwise, to support this bill. 

To read the bill go to https://legiscan.com/NM/bill/HB104

Southwest Crimes Against Children Inaugural Conference

Child maltreatment rates in New Mexico are among the highest in the nation. (Approximately 15 in every 1000 children under the age of 18 have been victims of abuse) With these numbers in mind, my office is initiating the first Annual Southwest Crimes Against Children Conference in New Mexico. The guiding principle in my office and work continues to be “victim’s first”. With a good portion of my career being devoted to specializing in crimes against children, a conference initiative such as this is embedded in the fabric of our organizational purpose. In the fiscal year of 2022 approximately 11% of the cases in my district were Felony Child Abuse. Extrapolate those numbers across the entire state and it’s clear that action must be taken. Unfortunately, we receive cases when crimes have already been committed so we can’t stop the abuse. But we can work collaboratively with our judicial partners in order that the outcome of each case is fair, just, and right. We feel that through a coordinated approach to each case we can ensure that more abuse is not inflicted on children through the judicial process.

Within our district we have always had increased success with crimes against children cases by employing a collaborative multi-disciplinary team approach – when law enforcement agencies, investigators, forensic interviewers, victim advocates and prosecutors work with singular focus on the case at hand.

Thanks to a generous grant we are able to produce this free 2-day conference to bring together all who work directly with child victims of crime. We know from experience that a collaborative approach to cases from investigation to prosecution, including practical and interactive instruction can only result in better outcomes particularly for the victims. The conference design will include hands on workshops, case studies, panel discussions and plenaries focused on improving understanding, and awareness in the handling of criminal child abuse cases with the guiding force being to reduce trauma for young victims. We will bring together representatives from all law enforcement agencies, social workers, prosecutors, child advocates, forensic interviewers, and members of the court in a collaborative setting to share best practices and knowledge, receive training in new aspects of the law, investigative techniques and protocols and prosecutorial approaches with the end goal of improving the handling of child abuse and neglect in New Mexico.

The State of New Mexico has a higher percentage of rural counties compared to much of the rest of the nation at around 23%. Six of the state’s 33 counties are considered by the U.S. Census as completely rural. Also, with 22 tribal communities New Mexico has a 10.6 percent Native population. Because this conference is for the entire state, and representatives from all corners of the state are invited, the conference will provide a great opportunity for building capacity beyond the urban populace into the rural frontier and on Native lands. Because of a recent ruling by the Supreme Court (Oklahoma v Castro-Huerta) that says that the “Federal government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country”, many of the cases on tribal lands that were previously handled by the United States Attorney’s Office, will now be handled by local District Attorney offices and law enforcement. To this end we will include workshops by Native instructors on cultural consideration and competence when handling cases involving Native children and their families.

Our keynote speaker will be noted expert in the field, Victor Vieth of the Zero Abuse Project. Victor has trained thousands of child-protection professionals on numerous topics pertaining to child abuse investigations, prosecution, and prevention. I will offer a workshop to guide prosecutors on how to charge child abuse cases. Workshops will include presentations on the importance of forensic interviews and how to read medical reports. Additional workshops will include the cross examination of defense experts, interviewing suspects, methods for dealing with secondary trauma in this line of work, a case studies and the use and benefits of Court Assistance Dogs and Child Care Rooms when working with young victims.

This conference is free and open to all who work directly with child victims of crime, especially those who are involved in the prosecution and investigation of these crimes. More information and registration information can be found on our website www.13th.nmdas.com

I am so pleased to be able to bring this initiative statewide to all those working in the state on these very important cases,