Dear Editor,
I’m responding to the article in the Gallup Sun on September 6, 2024, “Gallup prepares to ‘Walk Like MADD.’” Court Project Monitoring Specialist Jennifer Bates’ comments/representations about the District Attorney’s office are inappropriate.
Ms. Bates does not speak for me or my office. She has not met with me to receive correct and current information on DWI cases. Consequently, she has potentially caused discord between various groups in McKinley County that deal with crime. This is a disservice to the community.
She stated that the “district attorney’s office is having a horrible time keeping attorneys in their office” and that “[t]here’s a crazy turnover [rate] in that office” and “[s]ometimes we’ll have attorneys come in and they’ll work a week and then leave.” These comments are simply shocking. These statements are false. When making such allegations, Ms. Bates should provide the basis/support/proof of her statements.
Of serious concern is Ms. Bates’ comment that cases are dismissed because of a ”lack of prosecutors.” Cases have not been dismissed for this reason. DWI cases are dismissed for insufficient evidence or for the failure of a necessary witness to appear when subpoenaed, for example.
Ms. Bates should name cases where a case was dismissed for the “lack of prosecutors.” The prosecutors working on McKinley County cases are competent and experienced. I trust their legal judgment and value their ethics to prosecute all cases to the full extent of the law.
DWI convictions are up. DWI offenders are being held accountable. Repeat offenders are and will be prosecuted. I cannot control these individuals’ behaviors; in fact, no one can. The criminal justice system will enter their lives when crimes are committed.
In my interview with the Gallup Independent published on Feb. 25, 2022, I assured the community that I would be “tougher on crime.” My office will diligently prosecute DWI cases (and all crimes) even through various challenges raised during my term as D.A. I do not have the answer to the local DWI problem; however, I will do my job and prosecute every DWI arrest to which the State of New Mexico is a party.
Sincerely,
Bernadine Martin
McKinley County District Attorney