A busload of people charged with contempt of court after an outburst during a hearing at the Eighth Judicial Court Thursday night hold their hands up in the air to show that they are wearing handcuffs. - Tina Larkin/Taos News
One of the 29 people arrested Thursday is led out of the courthouse in Taos. The 29 were ordered released Friday by the New Mexico Supreme Court.Tina Larkin/Taos News
- unknown/«IPTCCredit»
N.M. Supreme Court orders release of 29 jailed in Taos contempt case
Dennis J. Carroll | For The New Mexican
Posted: Friday, November 20, 2009 - 11/20/09
The New Mexico Supreme Court on Friday ordered the immediate release of
29 people jailed overnight in three lockups in Santa Fe and Taos
counties after a Taos judge held them in contempt of court.
Twenty-eight of the people jailed following a courtroom disturbance are members of Taos Pueblo.
The order, issued by Justices Patricia Serna, Richard Bosson and
Charles Daniels, vacated the arrest order handed down by 8th Judicial
District Judge Sam Sanchez on Thursday afternoon. The justices directed
that those arrested be arraigned in Sanchez's court Monday.
The New Mexico Public Defender's Office, in an emergency petition
to the high court, sought the release of all 29 on grounds that they
were denied due process rights under the state and U.S. constitutions
because they were not given "individual hearings or any proof of
individual responsibility."
The petition argued that the disruption in Sanchez's court — which
came during a hearing on whether to reduce a convicted rapist's
sentence — was the fault of only three or four individuals and that
Sanchez had used a "giant net scooping up and summarily jailing ten
times that number."
While 32 people were listed as petitioners, the number jailed
actually was 29, said David Eisenberg, chief deputy public defender for
the state. He said several people may have been allowed to remain free
because of medical conditions.
Eisenberg said seven were booked into the Taos town jail, four held
at the Taos Pueblo jail, and 18 bused to the Santa Fe County jail, 75
miles away.
All were in the process of being freed early Friday night.
"The problem with the judge's order," Eisenberg said, "was that if
you were in the (court) gallery, you get to spend the night in jail."
He said Taos County was sending a bus to retrieve those who had been held in the Santa Fe jail.
No estimate of the cost of the mass arrest was immediately available.
John Day is attorney for Jonathan Evans, 61, of Taos, the only
nontribal member among the 29. Day said his client was simply a
spectator in the court and had nothing to do with any disturbance.
Evans was a former employer of 31-year-old Dominic Bau, who pleaded
guilty earlier this year to raping a young female relative in 2007.
Bau had asked Judge Sanchez to reconsider his 12-year sentence. The
disturbance, which Taos County Undersheriff Ed Romero described as
"pretty rowdy," erupted when Sanchez denied Bau's request.
Sheriff's deputies brought in cuffs and chains as those arrested were fingerprinted and their belongings packed.
The sheriff's report said that Sanchez told authorities he had
attempted to silence spectators during the hearing several times. After
he ruled against Bau, Sanchez said, members of the audience and Bau
himself began yelling and shouting profanities. Witnesses also claimed
that Bau's friends and family and the victim's family also exchanged
words.
Bau's case file on the incident said that Bau was attending his
grandmother's funeral with the rest of his family when he took the girl
to a room at the Sun God Lodge. There, the victim told authorities, Bau
raped the girl after giving her cigarettes and alcohol. The girl's
system also tested positive for cocaine, though it was never proven
that Bau gave her the drug.
Friday's Supreme Court order directing release of the petitioners
and ordering them to appear before Sanchez for arraignment at 4 p.m.
Monday also gave Sanchez until noon Monday to respond to the high
court's order.
The Taos News contributed to this report.
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