The Frame, the Fix, and a Fair Trial?

(Here’s a story I wrote last year. The DA probably didn’t issue fake subpoenas but the cops abrogated the man’s 4th amendment rights. Here’s a question for Judge McElroy: when he worked for the DA, was he aware of the egregious use of “subpoenas” and police misconduct during investigations? And why are the Taos Cops allowed to violate standard procedures re: getting a judge to issue  orders in response to probable cause? Or are we living in a police state here in Taos? Eh? I’m only asking.)

By: Bill Whaley
14 June, 2013

The Taos PD, The 4th Amendment, Immunity, and a Plea

The Town of Taos Police Department has taken a page out of the NSA’s privatization of fourth amendment (electronic) search and seizure. Back on Nov. 1, 2012, Edmund Evensen was arrested and ultimately charged with attempted armed robbery and aggravated battery with a deadly weapon. According to video evidence obtained by Taos Friction, the town cops and one Taos County Sheriff’s Officer persuaded staff (a security guard) at the Don Fernando Inn to open up the room where two suspects, Mr. Evensen and his ten-year partner, Amanda Cruz, lived on a month-to-month basis.

Why call a judge when you can call on a private security guard?

During a taped conversation, PD shift supervisor Sgt. David Trujillo tells Taos Police Chief Jerry Holgrefe, and Friction paraphrases here, that while interviewing Michael Santistevan (security guard) police learned where the suspects have a room and the officers received consent to search—(staff) they opened it for us. Trujillo says the knife was on the floor and already seized and that Taos County Sheriff’s Office cleared it (Deputy Jake Cordova). Though Cordova never turned on his chest camera, the Taos PD turned on their video cams and captured this police procedural in vivid color.

Sgt. Trujillo testified live during the June 11 trial that the knife was never tested for fingerprints or blood–nor was confiscated clothing or bedding tested for blood.

In the Nov. 1, 2012 recording Trujillo mentions clothing and photos of the room to Chief Holgate–including a blue hoodie, which the male suspect allegedly wore. The Sgt. Tells the Chief that when we dress the guy, we’ll put on the clothing. He’s wearing it out now to the car, wearing the hoodie. It’s Jim’s case (Officer Jim Black).

During trial, Trujillo testified that he had seen a man in a blue or dark hoodie walking through the Walmart Parking Lot, who said he was looking for “butts.” A Don Fernando night auditor testified about the clothing worn by both Cruz and Evensen that night.

Officer Ron Montez is shown on video rummaging through a pile of clothes, looking for the suspect’s clothes. While Montez rummages, an officer behind the camera reads the suspect his rights—anything you say may be used against you. The suspect says he doesn’t have an ID or driver’s license due to a prior DUI. I believe it’s Officer Black who says on tape, “I never dressed a guy (already) in handcuffs before.”

The victim of the alleged robbery and assault, Steve Vigil testified live during the first day of the abbreviated trial that a woman, identified as Amanda Cruz, came up to his truck after he withdrew a sum from the ATM at United Bank next to the Storyteller movie theatre. He turned off the ignition and rolled down, partially, the driver’s side window. Then, from the rear he saw a shadow and an arm with a hand holding a knife, reach round hold a blade against his throat. The voice said, “Give me your money or I’ll kill you,” according to Vigil.

Vigil says he shoved the anonymous arm away, started the engine, and sped back in reverse. The two would-be robbers scattered in different directions and though Steve repeatedly said he was in “fear of his life”—and bleeding from lacerations–he chased the shadowy figure in his truck round the Storyteller but didn’t find him. Later he saw the female come out of the bushes and walk toward the Don Fernando. Vigil testified that he called 911.

While interviewing Vigil, who was bleeding, Sgt. Trujillo testified that he called the ambulance. He also said Vigil was unable to name the suspect though he gave the officer a vague physical description, a description, the police remedied down at the cop shop lineup.

There Trujillo says (after the cops dressed Evensen up) according to the video, “That’s our boy, upper left hand corner” (of the monitor). Vigil is shown sitting at the police station with a bandage on his neck, stapled up, so to speak at hospital, due to the knife wound. At the police station, he learned who his attacker was and per instructions, identified the suspect on the video screen.

Evensen was charged but not Amanda Cruz.

Back in May, Evensen’s defense attorney Alan Maestas had filed a motion to suppress the alleged ill-gotten evidence from the Taos PD but Judge McElroy denied the motion. The state police had charged Cruz separately in Oct. of 2012 with forgery, identity theft, resisting arrest, and concealing identity but those charges were dropped on May 9, 2013 by the DA.

On May 6, 2013 Cruz was charged with escape, possession of a controlled substance, and resisting arrest. She remains in jail. At a special court hearing on Wed. June 12 on Ms. Cruz’s status as a witness for the prosecution, while the jury was out, she appeared, shackled and in an orange jump suit. Now Maestas pointed out that DA had dropped charges against Cruz on May 9 for the 10/08/12 rap. Maestas argued to get the witness excluded but the Judge, a former nine-year employee of the district attorney, mentioned the “public interest” as rationale, and said Cruz, given the DA’s proffer of immunity, would be allowed to testify.

First the frame, now the fix.

Deputy District Attorney Chavez offered Cruz “immunity” from anything she said about the crime committed on the early morn of Nov. 1. Cruz agreed. Then, not long thereafter, same morning, same hearing on June 12, she asked Judge Jeff McElroy, how long she would get if she refused to testify.

“However long it takes,” said the Jolly Judge, who exhibited a fine benchside manner, both diplomatic and charming, while he discussed the rights of the accused to a fair trial with potential jurors back on June 11. More tears. The judge told her he’d hold her in judicial contempt and she caved.

At that point, Chavez and Maestas met and whispered, forged a plea bargain, and agreed to stop the trial. The jury was still out of the room. Judge McElroy mumbled something rather shocking to Maestas about notifying “Immigration and Customs Enforcement.”
Maestas said quietly, “He’s an American citizen your honor.” (Shades of a short memory: his Mother and 4th grade teacher at Taos Pueblo were made known to the Judge during jury selection.)

So Evensen pleaded guilty. Sentencing will come later after Mr. Evensen is subjected to a 60-day diagnostic test. He’s been in jail since the Nov. 1, 2012 incident. As the son of a Taos Pueblo woman and a Ute man from Ignacio, Colorado—you might say Mr. Evensen’s twice-over a Native American—though, apparently, he and Ms. Cruz have spent most of their adult lives in Colorado, not in Taos.

Evensen’s mother told this writer that her son was held on $10,000 bail. He has no prior felonies but when she came up with the required 10% ($1,000) the court would not release her son on bail. “We’re not from a big family,” she said. “There’s just my son, me and my auntie now.” She said she hopes her son gets treatment, some help while incarcerated.

Between the PD’s frame and the DA’s fix the cops may have gotten their man. What Mr. Evensen could not get in Taos County, was a fair trial. But then residents of Taos Pueblo, like the thirty or so who got thrown in jail for contempt of court, understand the nature of injustice on the south side of the cattle guard.