GUILTY NM - Renezmae Calzada, 5, found deceased, Rio Arriba County, 8 Sept 2019 *Arrest*

Defendant (I will refer to him in pronouns as I refuse to say his name) changed his mind about the plea offer. DA asked to incorporate the offer into case file as a "sealed exhibit". Granted. Judge maintained March 2023 trial date and instructed DA and Defense to revise "scheduling order" to make sure all issues are resolved prior to trial.

Observations:
Defendant is a small man. From 25' away, he looks to be around my size (I'm 5'5"/120 lbs.) He had a buzz cut, mustache, small gotee and a small tat on his left neck (couldn't make out what it says). He was in orange and white striped prison attire. He looked healthy. There was a large family presence (15 maybe) and they were more emotional than Mae Mae's family. There were two federal agents who sat in the back row behind his family. He looked around the courtroom until Mae Mae's family came in. Then he turned his head to stare at the Seal of the Great State of New Mexico and maintained his gaze there.

The DA's left for about 20 minutes and came back in leading the family. Mama sat right in front of me. She looked stoic and maintained her composure throughout. All council were called into chambers, re-entered and retook their seats and Judge Johnson came in. His Honor asked him a few questions about the plea offer and then it was over. Mae Mae's family was escorted back into the conference room right behind the back wall of the courtroom.

I did speak with the reporter sent by the Santa Fe New Mexican newspaper. He said his article will be posted soon. I will link it when it gets posted. He did try to get a comment from the DA and/or family. They refused to comment. Channel13 news was setting up outside as I exited. Pretty sure they will get "no comment" also. If they have a report I will post it too later today.

I'm sad!
 
Yet another delay. Will she EVER get some justice?
09/22/2022
SIXTH STIPULATED SCHEDULING ORDER - Ends of Justice by Chief District Judge William P. Johnson granting [86] Unopposed MOTION to Continue Trial Setting of March 13, 2023 and Reschedule Pretrial Deadlines filed by Malcolm Torres; motion deadline is 10/31/2022; Pretrial Conference set for 5/8/2023 at 09:00 AM in Albuquerque - 560 Cimarron Courtroom before Chief District Judge William P. Johnson. Jury Selection/Trial reset for 5/15/2023 at 09:00 AM in Albuquerque - 560 Cimarron Courtroom before Chief District Judge William P. Johnson.

 
What is this?
90
10/13/2022
NOTICE OF HEARING as to Malcolm Torres: Arraignment set for 10/20/2022 at 09:30 AM in Albuquerque - 320 Rio Grande Courtroom before Magistrate Judge B. Paul Briones. (cl) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]

I didn't see this in enough time to change my schedule so I could be there. It's a different judge. Guess we'll find out in the next couple of days? I'll keep checking.
 
OCT 20, 2022
Malcolm Torres, the man charged with murdering his 5-year-old stepdaughter, has pled not guilty to his federal charges. Torres was arraigned for first-degree murder, child assault, and other charges.

[...]
 
Thanks for being here every step of the way, MP.
I'm confused. I thought arraignments were done right after arrest?
 
@AbbeyBabbey, I think this is the source of our confusion. There was new indictment.

OCT 13, 2022
[...]

Malcolm Torres, 29, is now facing charges including first-degree murder, second-degree murder of a child, child assault and evidence tampering according to a new indictment filed in U.S. Federal Court on Wednesday. ...

According to a news release from New Mexico’s U.S. Attorney’s Office, Torres faces the possibility of life in prison if convicted. Previously, Torres was only facing a single count of second-degree murder.

[...]

... federal prosecutors believe Renezmae was killed on Saturday, September 7, a full day prior to the issuing of the Amber Alert.

Federal documents indicate that prosecutors believe Torres disposed of Renezmae’s body in the Rio Grande on September 8. Renezmae’s body was found on September 11.

... Torres is accused of killing Renezmae at his home. ...
 
@AbbeyBabbey, I think this is the source of our confusion. There was new indictment.

OCT 13, 2022
[...]

Malcolm Torres, 29, is now facing charges including first-degree murder, second-degree murder of a child, child assault and evidence tampering according to a new indictment filed in U.S. Federal Court on Wednesday. ...

According to a news release from New Mexico’s U.S. Attorney’s Office, Torres faces the possibility of life in prison if convicted. Previously, Torres was only facing a single count of second-degree murder.

[...]

... federal prosecutors believe Renezmae was killed on Saturday, September 7, a full day prior to the issuing of the Amber Alert.

Federal documents indicate that prosecutors believe Torres disposed of Renezmae’s body in the Rio Grande on September 8. Renezmae’s body was found on September 11.

... Torres is accused of killing Renezmae at his home. ...
Thanks! That's what I figured but nothing was originally put forward stating so.
(((sorry - haven't been here in a while)))
 
This poor family!!!!!

93
10/25/2022
ORDER by Chief District Judge William P. Johnson granting [92] Unopposed Motion for Extension of Time to File Pretrial Motions filed by Malcolm Torres. Defendant shall have until 11/7/2022 to file pretrial motion. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.
92
10/24/2022
Unopposed MOTION for Extension of Time to File Pretrial Motions by Malcolm Torres.

 
Pretrial motions extended to 11/14

96
11/07/2022
ORDER by Chief District Judge William P. Johnson granting [95] Unopposed Motion for Extension of Time to File Pretrial Motions filed by Malcolm Torres. The pretrial motions deadline is hereby extended until 11/14/2022. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.
95
11/03/2022
Unopposed MOTION for Extension of Time to File Pretrial Motions by Malcolm Torres.
 
More games......
AND another new attorney.

103
11/14/2022
Second MOTION to Suppress Evidence by Malcolm Torres.
2 Attachments ▼
102
11/14/2022
First MOTION to Suppress Evidence by Malcolm Torres.
4 Attachments ▼
101
11/14/2022
MOTION to Dismiss count two by Malcolm Torres.
100
11/14/2022
Opposed MOTION to Dismiss Count One by Malcolm Torres.
99
11/14/2022
NOTICE of Attorney Substitution: Brittany DuChaussee substituted for Letitia C. Simms
98
11/14/2022
Opposed MOTION to Strike the Sentencing Enhancement under 18 U.S.C. � 3559(f) in Counts 2 and 3 of the Inidctment by Malcolm Torres.
97
11/14/2022
Opposed MOTION to Strike the Sentencing Enhancement under 18 U.S.C. � 3559(f) in Counts 2 and 3 of the Inidctment by Malcolm Torres.

 
NOV 28, 2022
[...]

When Torres was in custody, federal investigators say he gave conflicting answers about what happened to Renezmae, including saying the girl just walked away from the house. ... Federal court documents state a blow to the girl’s head, a broken wrist, and other bruising were consistent with child abuse.

Prosecutors went on to say Torres had been drinking and even messaged and texted people that he needed their help. Authorities then detailed Torres’ travels on September 8 leading up to the call to the police about Renezmae’s disappearance.

According to the documents, Torres went with his 18-month-old son to meet someone at a smoke shop to buy alcohol. Renezmae was not with them.

The FBI says phone records show Torres then went home before leaving again to buy gas and a lollipop for his son. He then drove to the Rio Grande where authorities believe he dumped Renezmae’s body in the river.

They say alcohol bottles and a candy wrapper were found along the riverbank. Prosecutors also say the girl’s blood was found on the carpet of Torres’s truck.

The feds also say Torres told several people Renezmae was dead. He told one friend he put her in the river and he told another friend she died of an aneurysm and was at the funeral home.

[...]
 
135
02/07/2023
NOTICE OF HEARING as to Malcolm Torres on [102] First Motion to Suppress Evidence and [103] Second Motion to Suppress Evidence: Motions Hearing set for 2/27/2023 at 9:30 AM in Albuquerque - 560 Cimarron Courtroom before Chief District Judge William P. Johnson. (rwg) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]

 
Well, at least there's some movement. I wonder what happened today on the Second Motion to Suppress Evidence? MOO

148
02/24/2023
ORDER by Chief District Judge William P. Johnson granting [145] Defendant's Unopposed Motion for Extension of Time to File Objections to the Government's Expert Notice [131]. Defendant shall have until 3/3/23 to file objections to the Government's Expert Notice. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.
147
02/24/2023
ORDER by Chief District Judge William P. Johnson DENYING AS MOOT AND WITHOUT PREJUDICE [100] Motion to Dismiss as to Malcolm Torres (1).
146
02/23/2023
NOTICE OF HEARING as to Malcolm Torres: Arraignment set for 3/1/2023 at 09:30 AM in Albuquerque - 320 Rio Grande Courtroom before Magistrate Judge Kirtan Khalsa. (eh) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
145
02/23/2023
Unopposed MOTION for Extension of Time to File Response/Reply as to [131] Notice (Other) by Malcolm Torres.
141
02/19/2023
MOTION in Limine for Order Permitting Victim's Mother to be Present in Courtroom for Trial by USA as to Malcolm Torres.
140
02/16/2023
ORDER by Chief District Judge William P. Johnson granting [139] Defendant's Unopposed Amended Motion for Extension of Time to File Objections and a Response. Defendant shall have until 2/24/2023 to file objections to [131] Governments Notice of Intent to Offer Expert Testimony and a response to [133] Governments Motion in Limine to Admit Rule 404(b) Evidence. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.
139
02/14/2023
Amended MOTION for Extension of Time to File Response/Reply as to [132] Notice of Hearing on Motion, [131] Notice (Other) by Malcolm Torres.
138
02/14/2023
MOTION for Extension of Time to File Response/Reply to 404(b) notice and objections to expert notice by Malcolm Torres.
137
02/13/2023
MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson granting and denying in part 98 Opposed MOTION to Strike the Sentencing Enhancement under 18 U.S.C. § 3559(f) in Counts 2 and 3 of the Indictment, granting 101 MOTION to Dismiss count two as to Malcolm Torres
136
02/09/2023
MINUTE ORDER by Chief District Judge William P. Johnson as to Malcolm Torres vacating the 2/27/2023 hearing on [102] First Motion to Suppress Evidence and resetting the matter on 3/8/2023 at 1:30 PM in Albuquerque - 560 Cimarron Courtroom before Chief District Judge William P. Johnson. Counsel are reminded [103] Defendant's Second Motion to Suppress Evidence will continue to be heard on 2/27/2023. (rwg) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
 

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