ALBUQUERQUE, N.M. (KRQE) – The numbers are shocking. Bernalillo County District Attorney Sam Bregman said in his 18 months of office, he’s indicted 19 children for first-degree murder.
He had bold words for a legislative committee Wednesday morning. “The juvenile criminal justice system in New Mexico is broken. I do not say that lightly, nor do I cast blame on anyone or branch of government,” said DA Sam Bregman.
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But it’s a sentiment the Law Offices of the Public Defender in Albuquerque disagrees with. “I do not agree. I think that everybody has to keep in mind that these are children,
they’re not adults,” said Dennica Torres, District Defender for LOPD. “
In front of the Courts, Corrections, and Justice committee on Wednesday, Bregman shared changes he’d like to see to the juvenile justice system that he said has not been updated since the 1990s. “Very different times and we need different solutions,” he said.
He shared six changes he’d like to see to the juvenile justice system, including expanding the definition of “serious youthful offender” so more types of crimes could lead to kids being tried as adults. But the public defender’s office isn’t sold on the proposal, saying that’s what grand juries and preliminary examination hearings are for.
“Removing that mechanism and just saying they are accused of first-degree homicide, we’re going to automatically route them to downtown court, adult court is not, they’re taking away protections from them. They have that right to be presented to the grand jury as well,” said Torres.
The DA’s other proposals include transferring a kid to an adult detention center when they turn 18, unsealing more juvenile records, lengthening supervision of youthful offenders from 21 to 25, and including more firearms like rifles in the law banning from people under 19 from having a gun on them. “I’m not talking about throwing the key away on children. I’m talking about at an early age, showing them some consequence for bad behavior, criminal behaviors, so that they don’t end up facing life in prison because I’ve indicted them for first-degree murder,” said Bregman.
The public defender’s office said they’d like to see some other revisions in the children’s code. Torres said one challenge, for example, is the fact that there is no competency facility for the youth in New Mexico. “We really need to funnel the money toward education and creating these services that the kids need,” said Torres. “If we can figure out core issues and address those issues, we focus more on the rehabilitation than the punishment, right?”
She disputes that kids are not being held accountable and said recidivism in youth is low because they are given services rather than being locked up. Both are ready to work together to tackle the problem of kids committing crimes. “DA Bregman was thoughtful with these proposed changes and I know that he would welcome all criminal justice partners to come to the table and work together. That’s all we ask,” said Torres.
The DA’s proposals were for lawmakers ahead of the next regular legislative session which is set to begin on January 21, 2025.
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