GUILTY NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017

Nuñez’s lawyer, state argue over evidence in Valencia case | Local News | santafenewmexican.com

The lawyer for accused child-killer Jordan Nuñez borrowed a few words from the novelTo Kill a Mockingbird while contending state prosecutors were trying to make it difficult for him to review evidence in the case because they are embarrassed his investigator found something theirs didn’t.

Now, Earnest told state District Judge Matthew Wilson, Bullion is using the fact that he didn’t turn the items over right away as a basis for putting special conditions on reviewing existing evidence.

In his response to the motion, Bullion said Earnest’s failure to immediately turn the devices over to law enforcement for safekeeping created a lack of “trust’ between the defense and prosecutors, and made the state wary about allowing Earnest and his investigator to handle other evidence in the case.

Earnest argued a lack of trust was a personal issue, and not a basis for a legal argument.
Bullion proposed that a crime scene technician handle the evidence for the defense during its inspection to avoid the possibility of evidence being contaminated.

The prosecutor denied Earnest’s suggestions that the issue was personal, and told the judge the timing of events was important because though Earnest said he didn’t plan to use the evidence at trial, he had mentioned its existence at an earlier hearing in an attempt to make the defense look bad.

Judge Wilson granted Earnest’s request that he be allowed to physically examine evidence in the case with his own gloved hands, but said a crime scene technician should be present during the inspection.

The judge said he was balancing the interests of both sides.
“I don’t think it’s an issue of trust in the end,” the judge said. “It’s about a proper chain of custody and the defenses right to examine physical evidence before this trial.”
The case is scheduled to go to trial in November.

Hope that was 10% :) Sad that justice seems so move so slowly at times.
That sweet boy and what those brutal monsters (Ferguson and Nunez) did to him -- haunts me. Of more importance to me was the testimony of Jeremiah's sister, who said that Nunez participated and had dropped the dog cage Jeremiah was in ,on the last day of Jeremiah's life.
She seemed to be very fearful of Nunez and of testifying.
 
Hearings for Nunez:

Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
11/15/2019 8:30 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/14/2019 8:30 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/13/2019 8:30 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/12/2019 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

10/15/2019 9:00 AM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

09/16/2019 9:00 AM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

08/19/2019 9:00 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

02/22/2019 2:30 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session
 
I can't access this article & was wondering if someone could give a 10% synopsis of it - TIA!
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Defendant in Valencia killing may claim mental defect
 
I can't access this article & was wondering if someone could give a 10% synopsis of it - TIA!
animated-smileys-waving-003.gif


Defendant in Valencia killing may claim mental defect

The defense lawyer, Mark A. Earnest, intends to present evidence that his client was unable to form the specific intent to commit the crimes.

Earnest didn’t specify in his filing what conditions would prevent Nuñez from forming intent, and declined to comment Monday.

Earnest obtained an order from the court Monday that will allow him access to confidential New Mexico Children, Youth and Families Department files for Nuñez’s mother, Amanda Nuñez, and Valencia’s mother, Tracy Ann Peña.

The case had been scheduled to go to trial in November, but the lawyers asked the judge if it would be possible to delay it until January or February to ensure three full weeks can be set aside without conflicting with the holiday plans of potential jurors.

That issue was not resolved Monday.
 
Thank you to everyone who has been contributing to this thread for Jeremiah !

"...Mental defect...' my behind.
This is the first I've heard about this.
Up until now, Nunez was a person with all of his faculties intact.
Maybe a drug user, alcoholic, or general lazy good for nothing.......
Certainly, he was at the very least an abuser.
 
ETA: I was late so am deleting my 10%.

@Niner:
Nuñez, charged with intentional child abuse resulting in death, tampering with evidence and conspiracy, was 19 at the time of the boy’s death. His case has been moving toward trial, but lawyer Mark A. Earnest filed a notice last month alerting the court that he intends to...
 
Friday, August 23rd:
*Pretrial Conference Hearing (@ 9am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Jordan Anthony Nuñez (19) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
Trial set to begin 11/13/19.
8/10/18 Update: Judge will allow 13 year old to testify in trial.
9/5/18 Update: Motion: Expedited Partially Unopposed Motion to Allow Support and a Comfort Item during the Testimony of A.V. at the Pretrial Detention Hearing. Testimony from Santa Fe County Sheriff’s Office Detective Ernest Alderete took nearly the whole day, so the defense will get to present its case Sept. 19. 9/19/18: Judge rules Nunez will remain in jail until his trial in March after dramatic testimony from his little sister (AV) about the abuse Nunez did to Jeremiah. Next pretrial hearing 12/21. Docket Call on 1/23 @ 8:30am, Status hearing on 2/27 @ 8:30am & Jury Selection hearing on 3/19 @ 8:30am.
12/21/18 Update: Withdrawal of counsel, new one appointed; unopposed motion for continuance of trial date. Next Pretrial conference hearing on 8/23, Docket call on 9/16, Status Conference on 10/15, Jury selection 11/12, trial set for 11/13 thru 11/15.
2/22/19 Update: a hearing on a motion to “compel the state to produce evidence for defense inspection and to preclude the state from interfering in that inspection.” Earnest said in his motion that Assistant District Attorney Todd Bullion is trying to place conditions on his inspection of physical evidence in the case, because the prosecutor is upset about the way Earnest handled two laptop computers and a cell phone — thought to have belonged to Ferguson — that the state didn’t know about until his investigator located them.
The electronics came from a stolen truck that Ferguson and Nuñez were using in July 2018, months before the killing, when Nuñez is accused of battering a random stranger in the parking lot of a Santa Fe supermarket. The truck had been returned to its Albuquerque owner.
In his response to the motion, Bullion said Earnest’s failure to immediately turn the devices over to law enforcement for safekeeping created a lack of “trust’ between the defense and prosecutors, and made the state wary about allowing Earnest and his investigator to handle other evidence in the case. Earnest argued a lack of trust was a personal issue, and not a basis for a legal argument.
Bullion proposed that a crime scene technician handle the evidence for the defense during its inspection to avoid the possibility of evidence being contaminated. Judge Wilson granted Earnest’s request that he be allowed to physically examine evidence in the case with his own gloved hands, but said a crime scene technician should be present during the inspection.

4/22/19 Update: Defense lawyer, Mark A. Earnest, intends to present evidence that his client was unable to form the specific intent to commit the crimes. Earnest obtained an order from the court Monday (4/22/19) that will allow him access to confidential New Mexico Children, Youth & Families Dept. files for Nuñez’s mother, Amanda Nuñez, and Valencia’s mother, Tracy Ann Peña. The case had been scheduled to go to trial in November, but the lawyers asked the judge if it would be possible to delay it until January or February to ensure three full weeks can be set aside without conflicting with the holiday plans of potential jurors. That issue was not resolved Monday.
*Tracy Ann Pena (35) “mom” arrested & charged (1/29/18) with abuse of a child resulting in death (F1), intentional abuse of a child (F1), 4 counts of tampering with evidence (F4), 5 counts conspiracy to commit tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond. 11/28/18 Update: Plead guilty to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) arrested & charged (1/29/18) 1st degree murder, 2 counts of 1st degree kidnapping, 12 counts of tampering with evidence, intentional abuse of child, conspiracy to commit child abuse & obstructing report of child abuse/neglect. Held without bond. Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.



Definitely shortening this up! :)
 
Man connected to Nambe boy’s death could soon face new charges

SANTA FE COUNTY, N.M. (KRQE) – A man could be facing new charges in the death of a 13-year-old boy.

Santa Fe County deputies say Jordan Nunez helped his father, Thomas Ferguson, bury Jeremiah Valencia’s body on the side of State Road 503 near Nambe. Investigators say Ferguson tortured the boy.

Deputy District Attorney Jennifer Padgett says the state is presenting new charges to the grand jury. No word on what those charges are.





Abuse charges:
11/13/2019 9:00 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/12/2019 8:30 AM JURY SELECTION Wilson, Matthew Justin SANTA FE DISTRICT COURT

10/15/2019 9:00 AM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

09/16/2019 9:00 AM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

08/29/2019 8:30 AM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

08/23/2019 8:30 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session


Charge: Criminal Damage to Property (Over $1000) Case #M-49-FR-201900934
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
08/28/2019 8:30 AM Preliminary Examination Anaya, George, Jr SANTA FE MAGISTRATE COURT Courtroom 4

08/05/2019 1:30 PM First Appearance Sena, Donita O SANTA FE MAGISTRATE COURT Courtroom 2

link: Stale Session
 
Wednesday, August 28th:
*Preliminary Hearing (re property damage) (@ 8:30am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Jordan Anthony Nuñez (19) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
*Charged (8/5/19) with criminal damage to property. No plea has been entered yet.
Trial set to begin 11/13/19 for murder
Court information from 8/10/18 thru 4/22/19 reference post #51 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017

8/23/19 Update: Next motions hearing on 8/29. Docket call hearing on 9/16. Status conference hearing on 10/15. Jury selection will start on 11/12, and trial is set for 11/13 through 11/15/19. Has been now charged (8/5/19) with Criminal Damage to property. Found probable cause, preliminary exam hearing on 8/28.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
 
Thursday, August 29th:
*Motions Hearing (re abuse charges) (@ 8:30am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Jordan Anthony Nuñez (19) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
*Charged (8/5/19) with criminal damage to property. No plea has been entered yet.
*Santa Fe County #D-101-CR-201800230/Abuse # M-49-FR-201900934/Ppty damage
Trial set to begin 11/13/19 to 12/4/19 (abuse charges)

Court information from 8/10/18 thru 4/22/19 reference post #51 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017

8/23/19 Update: Next motions hearing on 8/29. Docket call hearing on 9/16 @ 9am. Status conference hearing on 10/15 @ 9am. Jury selection will start on 11/12 @ 8:30am, and trial is set for 11/13 through 12/4/19 @ 9am. Has been now charged (8/5/19) with Criminal Damage to property. Found probable cause, preliminary exam hearing on 8/28.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
 
Abuse charge:

11/13/2019 9:00 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/12/2019 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

10/15/2019 9:00 AM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

09/16/2019 9:00 AM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

08/23/2019 8:30 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT
link: Stale Session


Property Damage:
No update as of 8/30.
 
More charges in torture killing of 13-year-old

In a new grand jury indictment, Jordan Nunez, 21, is charged with seven additional counts of child abuse against 13-year-old Jeremiah Valencia,.....
[.....]
The indictment filed in state District Court alleges that Nunez forcefully struck Jeremiah in the genitals, “caused” him to consume methamphetamine, held him in a fireplace and locked him in a closet.

The new charges also include allegations that Nunez struck Jeremiah with a spear, used a shock collar on him and placed him in the dog cage.
[.....]
Jeremiah’s mother and Ferguson’s girlfriend, Tracy Pena, has agreed to a plea deal in her son’s torture and abuse that calls for her to serve 12 years in prison and testify against Nunez at trial.

“The new charges are the result of investigation before and after Tracy Pena’s plea agreement,” Santa Fe District Attorney’s Office spokesman Henry Varela said in an email.

“The new charges stem from information obtained from witnesses, including Tracy Pena. Each count is corroborated by a witness other than Tracy Pena and/or the forensic evidence.”
[.....]
Nunez is scheduled to go to trial in November.



Per my notes - that would be 11/13/19. Next Docket Call hearing on 9/16.
 
Monday, Sept. 16th:
*Motions Hearing (re abuse charges) (@ 9am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Jordan Anthony Nuñez (19) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
Trial set to begin 11/13/19 to 12/4/19 (abuse charges)
Court information from 8/10/18 thru 4/22/19 reference post #51 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017

8/23/19 Update: Next motions hearing on 8/29. Docket call hearing on 9/16. Status conference hearing on 10/15 @ 9am. Jury selection will start on 11/12 @ 8:30am, and trial is set for 11/13 through 12/4/19 @ 9am.
8/29/19 Update:
Abuse: Next Docket Call hearing on 9/16.
*Charged (8/5/19) with criminal damage to property. No plea has been entered yet.
8/5/19 Update: Has been now charged with Criminal Damage to property. Found probable cause, preliminary exam hearing on 8/28. 8/28/19: Demand for speedy trial. Defense Motion for Discovery. No court date yet as of 9/15.
*Grand Jury Indicted & charged (8/30/19) with 7 additional counts of child abuse.
No court hearing as of 9/15.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
 
7 counts of abuse:

Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
09/20/2019 12:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

09/12/2019 1:15 PM ARRAIGNMENT Wilson, Matthew Justin SANTA FE DISTRICT COURT

Abuse of Jeremiah:
Docket:
Event Date Event Description Event Result Party Type Party # Amount
09/16/2019 NTC: OF INTENT
States Notice of Intent to Use Summaries, Charts or Calculations Pursuant to Rule 11-1006
09/16/2019 NTC: OF INTENT
States Notice of Intent to Use Evidence of Other Crimes, Wrongs or Acts Pursuant to Rule 11-404(B)
09/16/2019 NTC: OF INTENT
States Notice of Intent to Use Criminal Convictions Over 10 Years Old Pursuant to Rule 11-609
09/16/2019 SEALED DOCUMENT
Sealed Ex Parte Motion and Order for Transport
09/16/2019 MTN: MOTION/ PETITION TO EXTEND TIME P 1
Expedited Motion to Extend the Court's Deadline and Motion to Continue Jury Trial Set November 12, 2019-December 4, 2019

Hearings:
11/13/2019 9:00 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT
11/12/2019 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

10/15/2019 9:00 AM STATUS HEARING/ CONFERENCEWilson, Matthew Justin SANTA FE DISTRICT COURT

09/20/2019 12:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

09/16/2019 9:00 AM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session
 

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