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State Crime Lab backlog delaying justice, experts say

The state recently opened a $29 million crime lab facility in Santa Fe but is seeing delays for families and victims seeking justice

State Crime Lab backlog delaying justice, experts say

The state recently opened a $29 million crime lab facility in Santa Fe but is seeing delays for families and victims seeking justice

SEVEN NEWS AT SIX STARTS RIGHT NOW. YOU’RE HAVING TO POSTPONE MAKING CHARGING DECISIONS ON CERTAIN CASES SO THEY’RE NOT EVEN ABLE TO BRING A CASE. THE DEPARTMENT OF PUBLIC SAFETY RECENTLY OPENED A STATE OF THE ART CRIME LAB IN SANTA FE. BUT TONIGHT, IN A TARGET SEVEN INVESTIGATOR SESSION, WE’RE LEARNING THE MOVE TO THE $29 MILLION FACILITY. IT’S ACTUALLY CAUSING DELAYS FOR VICTIMS AND THEIR FAMILIES SEEKING JUSTICE THROUGHOUT THE STATE. HERE’S JOHN CARDINALE THIS IS A PICTURE OF GOVERNOR MICHELLE LUJAN GRISHAM CUTTING THE RIBBON TO THE STATE’S NEW CRIME LAB. THE LAB WAS TOUTED AS A WAY TO MORE QUICKLY ANALYZE EVIDENCE AND ALLOW PROSECUTORS TO BUILD STRONGER CASES. BUT WE’VE LEARNED THERE HAVE BEEN DELAYS IN PROSECUTING CASES IN MORE THAN A THIRD OF THE JUDICIAL DISTRICTS IN THE STATE BECAUSE OF THE MOVE TO THE LAB. PROSECUTORS IN SANTA FE ARE TRYING TO REACH A PLEA AGREEMENT WITH THESE TWO PEOPLE. THEY’RE FACING CHARGES IN THE DEATH OF A SANTA FE WOMAN KILLED WITH A SWORD. IT’S DIFFICULT FOR CRIME VICTIMS BECAUSE THEY’RE WAITING FOR SOMETHING TO HAPPEN IN THEIR TRIAL. AND THERE HAVE BEEN A LOT OF EXAMPLES OF THAT RECENTLY WHEN THE STATE’S DEPARTMENT OF PUBLIC SAFETY MOVED TO THIS LAB, IT HAD TO PAUSE TESTING DNA, AND THAT CREATED A BACKLOG THROUGHOUT THE STATE. GOVERNOR MICHELLE LUJAN GRISHAM CUT THE RIBBON TO THE FACILITY IN AUGUST AFTER THE PAUSE. COURT RECORDS SHOW THAT TESTING RESUMED IN FEBRUARY. THIS WAS A SITUATION WE KNEW WE WERE GOING TO ENCOUNTER WHEN THEY WERE MOVING TO THE NEW BUILDING AND GETTING ACCREDITED TO PERFORM FUNCTIONS IN THE NEW BUILDING, HENRY VALDEZ IS THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF DISTRICT ATTORNEYS. IT DOES CREATE SEVERAL SITUATIONS WHERE CASES ARE DELAYED. I KNOW THAT SOME OF THE DA’S HAVE INDICATED THAT BECAUSE OF THE DELAY IN TESTING, THAT THEY’RE HAVING TO POSTPONE MAKING CHARGING DECISIONS ON CERTAIN CASES SO THEY’RE NOT EVEN ABLE TO BRING A CASE. TARGET 7 REACHED OUT TO MOST OF THE STATE’S 14 DA’S. WE’VE LEARNED THESE FIVE JUDICIAL DISTRICTS HAVE HAD TO DELAY PROSECUTING CASES. COURT RECORDS SHOW. THE DELAY IS LASTING SEVERAL MONTHS IN LAS VEGAS, A TRIAL FOR THIS MAN ACCUSED OF KILLING HIS UNCLE HAS BEEN DELAYED. THE COURTS ACTUALLY ARE AWARE THAT THERE IS A BACKLOG, AND SO THE SPEEDY TRIAL ANALYSIS WOULD, WOULD COME INTO EFFECT IF THERE’S A REAL EGREGIOUS VIOLATION. BUT AT THE SAME TIME, EVERYBODY WHO’S INVOLVED THE PROSECUTION, THE DEFENSE AND THE AND THE COURTS ARE AWARE THAT THAT THERE’S GOING TO BE A DELAY. KOAT LEGAL EXPERT JOHN DA SAYS SO FAR, THERE HAVE BEEN NO CASES COMPLETELY THROWN OUT. WORST CASE SCENARIO IS TRIALS GET PUSHED BACK MONTHS AND MONTHS AND MONTHS, AND THAT IS A DELAY THAT NOBODY REALLY WANTS. MOST COUNTIES THROUGHOUT THE STATE RELY ON THE STATE LAB FOR DNA TESTING. ALBUQUERQUE HAS ITS OWN LAB AND CASES IN BERNALILLO COUNTY HAVE NOT BEEN AFFECTED. NO ONE THAT UNDERSTANDS THE DIFFICULTIES AND AND THE SITUATION THAT IT CREATES MORE FOR THAN THOSE FOLKS WHO WORK UP IN THAT LAB. DARREN WHITE IS THE FORMER PUBLIC SAFETY CABINET SECRETARY AND USED TO OVERSEE THE STATE LAB AT THE TIME, THEY HAD JUST STARTED DNA TESTING. THEY WORK HARD. THEY WORK VERY, VERY HARD UNDER DIFFICULT TRYING CONDITIONS. AND THEY WOULD LIKE NOTHING MORE THAN TO HAVE MORE HELP TO ADDRESS THESE BACKLOG, THESE BACKLOGS. WE REACHED OUT TO THE DEPARTMENT OF PUBLIC SAFETY. THEY SAID NO ONE WAS AVAILABLE FOR AN INTERVIEW IN AN EMAIL TO TARGET 7, THEY SAID PROTOCOLS ARE IN PLACE THAT AFFORDS PROSECUTORS AND THE COURTS AN OPPORTUNITY TO NOTIFY THE FORENSIC LABORATORY WHEN A CASE REQUIRES AN EXPEDITED ANALYSIS FOR TARGET 7. I’M JOHN CARDINALE AND IF YOU HAVE A STORY FOR TARGET 7, CALL THE TIP LINE AT 505884 6003
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State Crime Lab backlog delaying justice, experts say

The state recently opened a $29 million crime lab facility in Santa Fe but is seeing delays for families and victims seeking justice

The New Mexico Department of Public Safety recently opened a new state-of-the-art crime lab in Santa Fe, but the move to the $29 million facility is causing delays for victims and their families seeking justice throughout the state.The lab was touted as a way to more quickly analyze evidence and allow prosecutors to build stronger cases, but there have been delays in prosecuting cases in more than a third of the judicial districts in the state because of the move to the lab.Deep dive: Target 7 InvestigatesIt’s affecting prosecutors trying to reach a plea agreement in a murder case in Santa Fe and a murder trial in Las Vegas has been delayed."It's difficult for crime victims because they're waiting for something to happen in their trial. And, there have been a lot of examples of that recently,” said KOAT Legal expert John Day.When the state's Department of Public Safety moved to this lab, it had to pause testing DNA. That created a backlog throughout the state. The pause started in November and court records show that testing resumed in February"This was a situation we knew we were going to encounter when they were moving to the new building, and getting accredited, to perform functions in the new building,” said Henry Valdez, director of the Administrative Office of District Attorneys. “It does create several situations where cases are delayed. I know that some of the DAs have indicated that because of the delay in testing that they're having to, postpone making charging decisions on certain cases. So, they're not even able to bring a case.”Target 7 reached out to most of the state's 14 DAs and learned that five judicial districts have had to delay prosecuting cases. Court records show the delay is lasting several months.“The courts actually are aware that there is a backlog. And so, the speedy trial analysis would come into effect if there's a real egregious violation,” Day said. “But at the same time, everybody who's involved, the prosecution, the defense and the courts are aware that there's going to be a delay."Follow us on social: Facebook | Twitter | Instagram | YouTubeDay said so far there have yet to be any cases thrown out."The worst case scenario is trials get pushed back months and months and months. And that is a delay that nobody really wants,” Day said.Most counties throughout the state rely on the state lab for DNA testing. Albuquerque has its own lab and cases in Bernalillo County have not been affected.“No one that understands the difficulties and the situation that it creates, more than those folks who work up in that lab, said former Department of Public Safety cabinet secretary Darren White. "They work hard, they work very, very hard under difficult trying conditions. And they would like nothing more than to have more help, address these backlog, these backlogs.”Target 7 reached out to the Department of Public Safety. They said no one was available for an interview. In an email to Target 7, they said protocols are in place that afford prosecutors and the courts an opportunity to notify the forensic laboratory when a case requires an expedited analysis.Action 7 News On The Go: Download our app for free

The New Mexico Department of Public Safety recently opened a new state-of-the-art crime lab in Santa Fe, but the move to the $29 million facility is causing delays for victims and their families seeking justice throughout the state.

The lab was touted as a way to more quickly analyze evidence and allow prosecutors to build stronger cases, but there have been delays in prosecuting cases in more than a third of the judicial districts in the state because of the move to the lab.

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Deep dive: Target 7 Investigates

It’s affecting prosecutors trying to reach a plea agreement in a murder case in Santa Fe and a murder trial in Las Vegas has been delayed.

"It's difficult for crime victims because they're waiting for something to happen in their trial. And, there have been a lot of examples of that recently,” said KOAT Legal expert John Day.

When the state's Department of Public Safety moved to this lab, it had to pause testing DNA. That created a backlog throughout the state. The pause started in November and court records show that testing resumed in February

"This was a situation we knew we were going to encounter when they were moving to the new building, and getting accredited, to perform functions in the new building,” said Henry Valdez, director of the Administrative Office of District Attorneys. “It does create several situations where cases are delayed. I know that some of the DAs have indicated that because of the delay in testing that they're having to, postpone making charging decisions on certain cases. So, they're not even able to bring a case.”

Target 7 reached out to most of the state's 14 DAs and learned that five judicial districts have had to delay prosecuting cases. Court records show the delay is lasting several months.

“The courts actually are aware that there is a backlog. And so, the speedy trial analysis would come into effect if there's a real egregious violation,” Day said. “But at the same time, everybody who's involved, the prosecution, the defense and the courts are aware that there's going to be a delay."

Follow us on social: Facebook | Twitter | Instagram | YouTube

Day said so far there have yet to be any cases thrown out.

"The worst case scenario is trials get pushed back months and months and months. And that is a delay that nobody really wants,” Day said.

Most counties throughout the state rely on the state lab for DNA testing. Albuquerque has its own lab and cases in Bernalillo County have not been affected.

“No one that understands the difficulties and the situation that it creates, more than those folks who work up in that lab, said former Department of Public Safety cabinet secretary Darren White. "They work hard, they work very, very hard under difficult trying conditions. And they would like nothing more than to have more help, address these backlog, these backlogs.”

Target 7 reached out to the Department of Public Safety. They said no one was available for an interview.

In an email to Target 7, they said protocols are in place that afford prosecutors and the courts an opportunity to notify the forensic laboratory when a case requires an expedited analysis.

Action 7 News On The Go: Download our app for free