Wednesday, December 22, 2004

Peterson wouldn't be convicted in N.M.

Michael Corwin

In California, Scott Peterson was charged and convicted for murdering his wife. But, had Peterson murdered his wife here in New Mexico, he and his new girlfriend would be settling in to a comfortable house in a new neighborhood without a care in the world.

Californians get outraged when a man murders his wife or girlfriend, while New Mexicans accept such killings seemingly as a man's right and privilege.

When the public gets outraged, police, prosecutors, judges and politicians who want to keep their jobs take notice and take action. It is time for New Mexicans to speak loud and clear on the subject, too. No man should get away with killing his wife or girlfriend.

Doctors at the University of New Mexico Hospital Department of Emergency Medicine and the Office of the Medical Investigator undertook a study of intimate partner violence deaths in New Mexico. After looking at the facts, they aptly chose to name their study "Getting Away With Murder."

Two additional studies have now been issued since the first was released in 1998. Men kill their wives and girlfriends at a rate that is 85 percent greater than the national average, making New Mexico the third-worst state in the nation. But it gets worse. The study undercounted the number of killings; deaths that OMI could not conclusively rule a homicide were left out of the study. Had those been considered, New Mexico would have vied for the worst state in the nation.

The study took law enforcement and prosecutors to task for failing to adequately investigate and prosecute cases. Too often the path of least resistance won out over diligence. As a result, a man who kills his wife or girlfriend in New Mexico serves, on average, seven years in prison. Death penalty or not, Scott Peterson was destined to spend the rest of his life in prison once he was convicted.

The Peterson case presented a lot of obstacles to law enforcement, the coroner's office and to prosecutors. But never once did they chuck it in saying "it's too much work." On the contrary, all leads were pursued by the police, who worked under continuous direction from the District Attorney's Office, constantly refining their approach as new information came in.

Most striking of all was the willingness of the police to investigate a husband who seemed to have it all, including the unyielding support of his family.

In Valencia, Socorro and other counties throughout this state, no such investigation and prosecution would have occurred. Too much trouble, too expensive, too hard to get a conviction are just some of the lame excuses prosecutors and law enforcement officers use to cover for the usual inaction. But there is some unusual action taking place. Gov. Bill Richardson has appointed a domestic violence czar and a victim's advocate officer in his administration.

Prosecutors in Albuquerque and in Carlsbad are leading the way in redefining the way intimate partner violence is being treated by their offices. Finally, special prosecutor Randall Harris, who is leading the charge in the prosecution of former State Police Officer Mark McCracken, has made great strides forward in prosecuting the killer that doesn't look like the boogeyman. But more must be done.

The Legislature must create laws with teeth that hold cops and prosecutors accountable when they refuse to do their jobs. Lawmakers must also take a look at sentencing, especially for first- and second-degree murder. It is time to put life without parole on the books.

The Legislature must also create unambiguous language that there is to be no statute of limitations for any murder. Time should never be a justification for allowing a killer to walk away free.

If those in office refuse to do so, then the voters must take control and elect sheriffs, prosecutors, judges and legislators who will take these killings as seriously as they do in California and the rest of the country.

Corwin is a licensed private investigator. He spent five years in California conducting death penalty defense investigations before moving to New Mexico. He was involved in the investigation that ultimately led to charges in the death of Socorro's Stephanie Houston.

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