Judge frees 32 held in contempt of court
Judge: Impossible who was to blame for Taos courtroom disruption

Chandra Johnson | The Taos News
Posted: Monday, November 23, 2009
- 11/24/09
     
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TAOS — The district judge who held 32 people in contempt for a disturbance in his court last Thursday night dropped the charges against all of them on Monday.

District Judge Sam Sánchez told the defendants that he ordered all of them incarcerated because he couldn't determine which of them were causing the trouble.

"The reason I warned you so many times is because I didn't want anyone to go to jail," Sánchez said. "This is not a football field or a basketball court where you can yell when someone makes a bad call. This is a courtroom and it demands respect and a level of decorum at all times."

But he did not wish any ill will on them, Sánchez added. "I felt I had to do what I did," he said. "But because I still do not wish any ill will on any of you, the charges are dismissed and you are free to go."

The disruption arose during a hearing about a motion to reconsider the 12-year sentence of 31-year-old Dominic Bau, who pleaded guilty to criminal sexual penetration and criminal sexual contact of a minor last January for raping a 13-year-old female relative.

According to the case file, Bau was attending his grandmother's funeral with the rest of his family when he took the girl to room at the Sun God Lodge. There, the victim told authorities, he raped her after giving her cigarettes and alcohol. The girl tested positive for cocaine, though it was never proven that Bau gave her the drug.

Sánchez said that once he ruled not to reconsider Bau's sentence, things got out of hand.

"As soon as I ruled, you all became loud and unruly. You also began to yell profanities at the victim, her family and at myself," Sánchez said. "Mr. Bau was the one that decided to plead guilty."

All but three of the defendants spent the night in jails in Santa Fe, Taos and Taos Pueblo. Of them, 28 were from Taos Pueblo.

David Eisenberg, chief deputy public defender for the state, said the courtroom was filled with Bau's friends and family. "They loved him. They just want to be there and show support," he said. Despite the charges and the conviction, he added, "He's still a family member."

On Friday, the New Mexico Supreme Court ordered their immediate release from jail after an emergency petition was filed by the New Mexico Public Defender's Office arguing they were denied due process.

Eisenberg said he was pleased that the charges were dismissed but said the defendants were "disappointed they were not able to address what happened to them. ... They were not given the opportunity to be heard."

The New Mexican's Dennis Carroll contributed to this story.






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