Grand jury in Murphy case returns today

A Do a Ana County grand jury will be called back to court at 9 a.m. today after sequestered hearings Thursday prevented them from considering possible bribery charges against 3rd Judicial District Court Judge Mike Murphy. Read more
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Gee Whizz

Las Cruces, NM

#1 May 13, 2011
Golly, this place is sounding more and more like El Paso politics and witch hunts. Hopefully New Mexico is not trying to out-do EP with such rubbish. No wonder the caseload is backlogged.
The Truth

United States

#2 May 13, 2011
He must be indicted. Murphy has not served honorably and this is not a surprise. May justice prevail.
real truth

Albuquerque, NM

#4 May 13, 2011
The grand jury process is a rubber stamp for prosecutors. The defense is not allowed to defend themselves or present witnesses, have their attorney attend or speak, nor can the defendant attend the hearing. The supporters mentioned in the article will have to wait outside in the lobby. There is not even a judge there, just the prosecutors and the grand jurors. NM is far behind the many states that have abolished this process and replaced it with a preliminary hearing in front of a judge.

“Are you there Vodka?”

Since: Sep 08

Las Cruces

#5 May 13, 2011
real truth wrote:
The grand jury process is a rubber stamp for prosecutors. The defense is not allowed to defend themselves or present witnesses, have their attorney attend or speak, nor can the defendant attend the hearing. The supporters mentioned in the article will have to wait outside in the lobby. There is not even a judge there, just the prosecutors and the grand jurors. NM is far behind the many states that have abolished this process and replaced it with a preliminary hearing in front of a judge.
Though I agree with you that the Grand Jury does rubber stamp, the majority of your statements are incorrect. Targets are allowed to present witnesses and they can attend their Grand Jury to testify.

This is all a result of a New Mexico case. See: Jones v. Murdoch http://www.collinsattorneys.com/docs/jones_v....
Thinker

Las Cruces, NM

#6 May 13, 2011
Since Judge Martin has alleged Judge Murphy gave a bribe,Martin's character should also be at issue. Martin's court rulings need to be reviewed for bias in favor of attorneys who were on the Judicial Selection Commission in 2005-6 as this could constitute a bribe.

As for Mary Rosner she advises female clients to falsely claim physical abuse in order to obtain the upper hand in divorces.
Hopeful

Albuquerque, NM

#7 May 13, 2011
This judge is a joke. Served honorably? During my horrible divorce, he let me know "I don't practice law, I practice politics." as well as "Do you want a politician deciding your future?" He is garbage. What comes around goes around. Praise God YOU were caught...politician!!
Paul

Rio Rancho, NM

#8 May 13, 2011
All the people with money.
chatterbox87501

Los Alamos, NM

#9 May 13, 2011
Tricky Nicky wrote:
<quoted text>
Though I agree with you that the Grand Jury does rubber stamp, the majority of your statements are incorrect. Targets are allowed to present witnesses and they can attend their Grand Jury to testify.
This is all a result of a New Mexico case. See: Jones v. Murdoch http://www.collinsattorneys.com/docs/jones_v....
I've been on a grand jury. In 99.99% of cases, we find probable cause to bind a target to trial. Targets have had their attorney present, along with witnesses. Even at that, we will still find probable cause to bind to trial. Usually the attorneys that show up are the slimiest ones and their targets the ones most in need of jail time. They are just hoping that the 12 grand jurors are ignorant.
Jamie

Tularosa, NM

#10 May 13, 2011
This is a shame he is an innocent man.
satan

Las Cruces, NM

#11 May 13, 2011
Jamie wrote:
This is a shame he is an innocent man.
how do you know this?
Glenda

Alamogordo, NM

#13 May 13, 2011
Sounds like a typical LC witch-hunt to me.
wow

Santa Fe, NM

#14 May 13, 2011
I see the picture and all I see is the face of a criminal...............
What A Concept

Las Cruces, NM

#15 May 13, 2011
Glenda wrote:
Sounds like a typical LC witch-hunt to me.
More like typical NM politics. Ever wonder why Bill Richards was removed from consideration by the Obama adminsitration for a cabinet position?
fed-up

El Paso, TX

#16 May 13, 2011
chatterbox87501 wrote:
<quoted text>
I've been on a grand jury. In 99.99% of cases, we find probable cause to bind a target to trial. Targets have had their attorney present, along with witnesses. Even at that, we will still find probable cause to bind to trial. Usually the attorneys that show up are the slimiest ones and their targets the ones most in need of jail time. They are just hoping that the 12 grand jurors are ignorant.
Of course you do. The presentation is so completely one-sided you never have the full facts to base your decision on so of course you bind a person over for trial. What do you care.

Since you boast of your grand jury service, how many times did you ask for more evidence? How many times did you request to speak to other witnesses? How many times did you step out of the room and actually survey the location of the supposed crime (in certain cases you can)? When not presented with the supposed victim how many times did you request to hear from the alleged victim?

See I can tell that you have no idea the actual powers that the grand jury has and with that said you gave the prosecutors exactly what they wanted. They controlled the proceeding completely. You were just there to vote, nothing more.

The prosecutors in Dona Ana county have consistently abused the grand jury process and they know it and they themselves don't care. They go out of their way trying to get any person convicted. They forget that their responsibility is to justice not just convictions. They forget that they're responsible towards the law and the justice system and they are to make sure that the rights of the accused are always safeguarded. In their efforts to find the guilty they need to make sure to protect the innocent, but the Dona Ana prosecutors do not care for innocence. They just want convictions or guilty pleas. It's a numbers game to them, plus money in their pocket.

The grand jury serves as a buffer between the prosecutors(the state) and the accused, but not in Dona Ana seems the grand jury too easily decides " If they're innocent let the trial sort this out."

Finally the most ridiculous thing that happens in a proceeding is most often there is one witness that testifies, the arresting police officer or investigating officer. The truly disturbing thing is most often this guy never questions the accused then they sit before the grand jury and talk about things they didn't investigate and yet the jurors are accepting what they hear because it's an officer of the law. Please visit a law library and you'll find several criminal cases where the officers flat out lied, convinced others to lie, and fabricated evidence.

You have no idea how corrupt these people are.
Pablo

Los Alamos, NM

#17 May 13, 2011
Hopeful wrote:
This judge is a joke. Served honorably? During my horrible divorce, he let me know "I don't practice law, I practice politics." as well as "Do you want a politician deciding your future?" He is garbage. What comes around goes around. Praise God YOU were caught...politician!!
I agree! I hope he is exposed for what he really is. Payback is a ditch.
contemptuously

Albuquerque, NM

#18 May 13, 2011
Looks like justice will be served to his crooked $ss & tomorrows headlines will be justice served for the piece of crap he has protected for the past 4+ years! Wow, it would have been nice to see both their faces on the front page at the same time!!

Karma can be a wonderful thing!

“Freedom is never free”

Since: Jan 09

El Paso, Texas

#19 May 14, 2011
real truth wrote:
The grand jury process is a rubber stamp for prosecutors. The defense is not allowed to defend themselves or present witnesses, have their attorney attend or speak, nor can the defendant attend the hearing. The supporters mentioned in the article will have to wait outside in the lobby. There is not even a judge there, just the prosecutors and the grand jurors. NM is far behind the many states that have abolished this process and replaced it with a preliminary hearing in front of a judge.
It is a rubber stamp and I will agree with you in part about them not allowing the defendant or defense witnesses to testify, but not completely.

I saw Tricky Nicky's comment and she is right, by law they they have to present the defendant and defense witnesses especailly if they can present exculpatory evidence, but in this area (Dona Ana County) the prosecutors choose not to do so. They do so regardles of what the law says or even judicial opinions.

Fact is the grand jury can ask to see/question the defendant and even subpoena them, but the prosecutors never tell them that they can do that. I doubt the prosecutors ever instruct the grand jury on all the things they are allowed to do. If so you'd probably have a ton of cases not get true bills.The grand jury really doesn't know how much power is in their hands because the point is there is a reason it's called a GRAND JURY INVESTIGATION wink wink, nudge nudge.

It's not supposed to be a prosecution presentation, but an investigation conducted by the grand jury themselves. They ask for the evidence. They ask to see victims and the accused. Matter of fact here:

"(T)he investigation of crime by the grand jury implements a fundamental governmental role of securing the safety of the person and property of the citizen ....' 408 U.S., at 700, 92 S.Ct., at 2666.
'The role of the grand jury as an important instrument of effective law enforcement necessarily includes an investigatory function with respect to determining whether a crime has been committed and who committed it....'When the grand jury is performing its investigatory function into a general problem area ... society's interest is best served by a thorough and extensive investigation.' Wood v. Georgia, 370 U.S. 375, 392 (82 S.Ct. 1364, 1374, 8 L.Ed.2d 569)(1962). A grand jury investigation 'is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.' United States v. Stone, 429 F.2d 138, 140 (C.A.2 1970)." U.S. v. Calandra, 414 U.S. 338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974)

I can personally tell you that in your area the courthouse community does not follow those precepts.

Since: Jun 10

Las Cruces

#20 May 14, 2011
fed-up wrote:
<quoted text>
Right on, Fed Up. The people have no idea how valuable this "fourth branch of govt", the grand jury, is. The first and last line of defense against an abusive state. In New Mexico, as in many other states, the state has seized grand jury operations as their tool instead of the people's tool.

Fed Up, I see you are in El Paso. Have you heard Rule of Law radio out of Austin? They have turned around grand jury operations in Texas, returning it the feared tool it was designed to be.
Nauseated

Albuquerque, NM

#22 May 19, 2011
Thinker wrote:
Since Judge Martin has alleged Judge Murphy gave a bribe,Martin's character should also be at issue. Martin's court rulings need to be reviewed for bias in favor of attorneys who were on the Judicial Selection Commission in 2005-6 as this could constitute a bribe.
As for Mary Rosner she advises female clients to falsely claim physical abuse in order to obtain the upper hand in divorces.
Martin as well as Driggers should also be held accountable, as mentioned previously on this topic or a latter one that if Martin was aware of the bribe he is guilty as well. I hope they continue the investigation and find that Martin and Driggers are both guilty of the same corruption as Murphy.

In reference to Rosner, I believe she was part of this pay to play and it will come out in due time. She is the epitome of a slime ball lawyer with no ethics. She is a disgrace . The amount of corruption in this city makes me nauseated to the core.
GUESS WHAT

Albuquerque, NM

#23 May 23, 2011
oh he had a judge before grand jury and lots of motions and things even went to the higher courts. Stop fooling yourself this Judge got more than you and I would. So he was indicted because there is enough to prove his guilt.

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