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What happens on an average day in Children's Court

Bryant Coley (right) stands next to his mother as they face Judge Marie Baca in Children's Court earlier this year. Bryant, charged with aggravated battery on his mother among other offenses, was just one of 31 troubled teens the judge saw on a routine Tuesday this summer. The parade of problems that walks into court is a key part of what ails the juvenile justice system in New Mexico. "It's very emotional," says Judge Baca. "Very draining."

Photo by Michael J. GallegosTribune

Tribune

Bryant Coley (right) stands next to his mother as they face Judge Marie Baca in Children's Court earlier this year. Bryant, charged with aggravated battery on his mother among other offenses, was just one of 31 troubled teens the judge saw on a routine Tuesday this summer. The parade of problems that walks into court is a key part of what ails the juvenile justice system in New Mexico. "It's very emotional," says Judge Baca. "Very draining."

Thirteen-year-old Justine Archuleta smiles as she rushes from Judge Barie Baca's courtroom with members of her family. Though she had been arrested on domestic violence charges at one time, Archuleta came to court earlier this summer with letters from teachers who picked her as student of the year at Truman Middle School.

Photo by Michael J. GallegosTribune

Tribune

Thirteen-year-old Justine Archuleta smiles as she rushes from Judge Barie Baca's courtroom with members of her family. Though she had been arrested on domestic violence charges at one time, Archuleta came to court earlier this summer with letters from teachers who picked her as student of the year at Truman Middle School.

Bernalillo County Assistant District Attorney Garry Breeswine gathers his thoughts in the middle of a long day of hearings in Judge Marie Baca's courtroom. A huge volume of juvenile cases is a daily reality for judges, prosecutors and lawyers in the state's juvenile justice system.

Photo by Michael J. GallegosTribune

Tribune

Bernalillo County Assistant District Attorney Garry Breeswine gathers his thoughts in the middle of a long day of hearings in Judge Marie Baca's courtroom. A huge volume of juvenile cases is a daily reality for judges, prosecutors and lawyers in the state's juvenile justice system.

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Draped in her black robe, Children's Court Presiding Judge Marie Baca enters a packed courtroom to a bailiff's familiar command: "Please rise."

The audience before the judge at Children's Court in Albuquerque is typical: parents and teens, grandparents and girlfriends, brothers and sisters. They fill the three polished oak pews that face Baca's bench.

In the next seven hours, the judge will hear 31 cases - 10 involving teens who have violated probation; eight charged with injuring their mothers or girlfriends; three who've shoplifted. The rest are here for fighting, stealing, using drugs and drunken driving.

A full day in Children's Court is an often unappetizing slice of what experts say ails kids and their families in New Mexico. Many of those who face Baca are the products of broken homes, alcoholic and abusive parents, school failure, fractured psyches.

"This is what we see day in and day out," Baca says during a brief recess. "It's very emotional, very draining."

Baca and fellow Children's Court Judges Monica Zamora and John Romero estimate they handle 2,300 cases a year.

On June 27, a day notable only because it was so common, The Trib took a close look at 18 of the 31 cases Baca would hear - and what happened after she pounded her gavel.

We found assembly-line justice. Assembly-line pain. And just another Tuesday in the lives of Albuquerque's children.

[1] Name: Corey Aragon

Age: 17

Offenses: Domestic violence, car theft, marijuana possession, probation violations

Judge Baca's first case of the day, 9 a.m. sharp, is that of Aragon, who's no stranger to juvenile court: This is the 12th time he's been referred here.

The judge had to issue an arrest warrant to get him to today's hearing. Aragon, charged with assault against a household member, finally shows - with his grandparents in tow.

Aragon admits to one count in a nine-count petition. He will serve 30 days under house arrest and must participate in the court's program to help boys control their anger.

Baca asks what's going on his life. The boy replies he works at Olive Garden, an Italian restaurant.

"Is your dad involved in your life?" the judge probes.

"No ma'am," Aragon answers.

"Corey's never had a dad," his grandfather tells the judge.

After a few more questions, Baca learns the 17-year-old boy has a 28-year-old girlfriend he's been living with.

"Twenty-eight? That's way too old for you, Corey," Baca admonishes.

Baca asks the girlfriend to approach the bench.

"You are not to associate with Corey. The age difference, it's not OK. I will have you brought before this court for contempt."

The woman leaves the courtroom.

"It's time for you to listen to your grandparents and follow the rules of the house," Baca tells Aragon. "This is pretty much your last chance."

Sentence:Two years' probation

Five months later: The probation violation charges facing Aragon were dismissed in November. The warrant for his arrest also was canceled.

[2] Name: Joshua Long

Age: 18

Offenses:Shoplifting, assault, battery on a household member

Long has three pending cases in 2006.

"Sounds like you've been a little busy this year," Baca says.

She accepts his guilty plea to battery against a household member, his mother, Lori Long, who is standing beside him.

Baca asks what happened.

"Basically, I just pushed her," Long says.

Baca isn't happy with his casual answer and asks his mother for her side of the story.

"He was flunking out of school," the mom says. "I was taking away his car. He became violent and pushed me out of his room."

Baca focuses on the son.

"This is not OK," she says. "You need to treat her with respect."

The judge tells Long she wants him to get a job and abide by his 8 p.m. curfew. He will also have to complete a program for improving his behavior.

Sentence: One year probation

Five months later: Long's mother is ordered to pay $1,000 for her son's legal defense to the Public Defender's Office. Long remains on probation.

[3] Name: Gerzon Robledo

Age: 17

Offense:DWI

Robledo tested positive for cocaine five days before his court date. He's in the community custody program, an alternative to jail, for a DWI.

"What is your explanation?" Baca asks.

The teen's attorney answers for him.

"He told me," says public defender Michael Sousa, "he had a bad day."

"You are way off track," Baca says, scolding Robledo before locking him up in the Bernalillo County Juvenile Detention Center for 24 hours.

"Think about what you are going to do differently," she says.

His 24-hour lockup isn't his sentence; the judge did this to drive home her point that the drug use must stop.

Sentence: Probation

Five months later: Robledo's probation was revoked and he was sentenced to one year in the custody of the state Children, Youth and Families Department, which will start him at the Youth Diagnostic and Development Center to determine his placement. He also will be incarcerated at YDDC. His parents were ordered to pay $750 to the Public Defender's Office.

[4] Name: Adrian Gallegos

Age: 15

Offenses: Public affray (fighting), possession of marijuana, aggravated battery

Gallegos was in a fight at Del Norte High School last spring and Baca accepts his guilty plea to the fight charge.

It is his first time in court.

"I got in a fight with a guy who got my brother kicked out of school," Gallegos tells Baca.

He also admits he has been in the Westgate gang since eighth grade. The gang calls him "Davey Boy."

"If you are smoking pot and in a gang, we've got problems to deal with," Baca says. "If we tested you today, what would we find?"

Gallegos replies he would be positive for marijuana. She orders an immediate urinalysis, saying he is probably a candidate for Drug Court where he'll receive counseling. His drug test is positive.

Sentence: Six months' probation under a consent decree. Gallegos is told his charges may be dismissed if he completes probation.

Five months later: Gallegos was booked into the Juvenile Detention Center Oct. 25 on a hold from Drug Court. He was released to his parents' custody the next day. His mother has been ordered to pay $1,000 to the Public Defender's Office.

[5] Name: Daniel Kota

Age: 17

Offenses: Fraudulent use of credit cards, larceny, graffiti, criminal damage to property, tampering with evidence, negligent use of a deadly weapon and probation violations

Kota's lawyer says the boy is not in the courtroom because he "connected with his birth mom after seven years" and went out of state.

Baca wants him arrested and brought home.

"You can run but you cannot hide," she says, closing the file. "Sooner or later we will find you."

Kota is someone "we will extradite," Baca promises from the bench. "He's been very busy getting in trouble."

Outcome: An arrest warrant was issued.

Five months later: Kota was arrested Sept. 7 and admitted to the probation violation. He was sentenced to 15 days in the Metropolitan Detention Center, the adult jail, and his parent was ordered to pay $1,000 to the Public Defender's Office.

[6] Name: Emilio Estrada

Age: 17

Offense: Possession of marijuana

Estrada admits to possession of marijuana and then tells the judge about the circumstances.

"I was smoking a joint at a DWI checkpoint," he says.

Baca is aghast.

"That really falls under dumb things to do," she says.

The boy replies he didn't know it was a checkpoint when he pulled up.

"I thought it was a car accident," he says.

"You have no business driving a car and smoking marijuana," Baca says. "Get your GED and stop smoking pot. It's not getting you anywhere."

Sentence: Six months' probation under a consent decree.

Five months later: Estrada remains on probation and is believed to be living in Alamogordo.

[7] Name: Alonzo Wright

Age: 15

Offenses: Possession of a prescribed dangerous drug called seroquel

Wright tells Baca he got the pill at Manzano High School from an athlete who sold it to him in December. Wright was expelled.

His father, who did not give his name, tells the judge, "He's pretty decent at home with a few hiccups."

Baca is empathetic. "Alonzo, you have potential," she says. "You are pretty young. I hope this is a one-time thing."

Sentence: Six months' probation

Five months later: Wright remains on probation. His parents were ordered to pay $750 to the Public Defender's Office.

[8] Name: José Mejia

Age: 14

Offenses: Battery, public affray

The judge characterizes this case as a "Hatfields and McCoys" feud among four middle school boys. They've been arrested twice for fighting. One incident involved a stun gun brought to a school bus stop.

Mejia tells the judge he doesn't think he needs counseling.

"When you see these boys again, what will you do?" Baca asks.

"Go the other way," he says.

"Right answer," Baca responds.

Mejia enters a no-contest plea to battery on Harrison Middle School Principal Sam Obenshain. The boy has a 6 p.m. curfew.

Sentence: One year probation

Five months later: Mejia was ordered to counseling, arranged by the probation office.

[9] Name: Dominic Trujillo

Age: 18

Offense: DWI

Trujillo enters a guilty plea to DWI and faces a new charge of possession of cocaine.

"I'm not very happy seeing you back again," Baca says. "Now that you are 18, that limits us, in terms of resources" since Trujillo is too old for juvenile services.

She warns him that the adult system won't cater to him and "you need to keep your act together.

"You are looking at a lot of time," she says. "It's time for you to shape up."

Sentence: One year probation

Five months later: A pretrial conference has been set for Dec. 12 on his not guilty plea to a probation violation.

[10] Name: Paul Esquibel

Age: 17

Offense: Criminal damage to property

Esquibel is living at New Day Shelter because "his father wants nothing more to do with him," a probation officer reports to Baca. The boy says he hasn't seen his mother for two years.

The judge focuses on the damage he caused to a door during a burglary.

"You are lucky he didn't shoot you," Baca says of the homeowner.

Esquibel is told he must pay restitution, the amount to be determined, though that may only be part of a much bigger problem.

July 6, 2006 was Esquibel's 18th birthday, a landmark that worries Baca because he'll be an adult and has no place to go after New Day.

"You must be scared to death," Baca says. "I want you to make it. We want to help you out."

The probation officer says he plans to work with the Children, Youth and Families Department to try to get Esquibel into a program that will provide housing and help him get on his feet.

"Hopefully we can find services for him," the probation officer says.

Sentence: Six months' probation

Five months later: Esquibel was arrested Sept. 25 on a probation violation and booked into the Juvenile Detention Center. He later was sentenced to 15 days in the adult jail.

[11] Name: Bryant Coley

Age: 16

Offenses: Auto burglary, aggravated battery, six other charges

Baca takes a deep breath when she sees Coley's mother.

The woman's face is swollen and her eye is black from a June 14 beating.

"Your mom is all beat up," the judge gasps. "To me, that's crossing over the line."

Coley's eight charges include a previous battery on his mother. This is his 11th case before Children's Court.

He admits to auto burglary and aggravated battery on his mother.

The probation officer is trying to get the boy into a residential treatment center for substance abuse. Baca learns Coley started drinking at age 14 and that alcoholism is a family problem. His parents are living in a motel because they have no home.

"If you don't treat your mom with respect, I don't want to put you back in that household," Baca says. She expresses doubt that his parents want him back.

"You act like it's no big deal," Baca says. "Look at your mother. You can't even look at your own mother. Why not? Will you answer me?"

Coley tells Baca his mother was calling his girlfriend "a bitch."

"I didn't like what she was saying," he says.

"You don't have any reason to beat your mom up like this, no matter what she says," Baca responds.

Coley's lawyer, Michael Sousa, tells the judge his client is resistant to residential treatment.

"If you don't get help now," the judge warns the boy, "you are going to be a statistic down the road."

Sentence: One year probation

Five months later: Coley was released from jail in August and sent to day treatment at Desert Hills Center for Youth and Family.

[12] Name: Justine Archuleta

Age: 13

Offense: Aggravated assault against a household member

An otherwise dark day brightens when Archuleta comes to court with letters from Truman Middle School teachers who had picked her student of the year for 2005-06.

Since her arrest on domestic violence charges, she completed a program at Memorial Hospital and has been in counseling, Baca learns.

Her father explained to the judge that he called police when his daughter threw a knife at him. It happened after she heard her parents arguing about divorce, he said.

He wishes now he had not called police.

"This is my baby girl," he said. "She took it hard."

"You've done well in school," Baca says to the girl. "You are on track now."

Outcome: Archuleta's case is scheduled for review and possible plea agreement or dismissal.

Five months later: Archuleta is in counseling.

[13] Name: Joseph Gonzales

Age: 15

Offenses: DWI, graffiti, possession of a lost or stolen credit card, concealing identity, resisting or obstructing an officer, failing to maintain a traffic lane

Gonzales fails to show for a pretrial hearing, but his father is in court to explain. He tells the judge he can't find his son. A probation officer confirms there has been no phone contact with Gonzales for three weeks.

"We will find him," Baca vows before moving on.

Outcome: A bench warrant was issued and Gonzales appeared in court two days later.

Five months later: Gonzales admitted to a probation violation and DWI; he received six months' probation and was ordered to participate in the victim impact panel and DWI program. His probation was terminated Oct. 30 on the recommendation of the probation officer.

[14] Name: Jaime Valdez

Age: 17

Offenses: Receiving or transferring a stolen vehicle, driving without a license

Valdez has a father who is serving a life term in prison. The boy already has done time himself - two years for cocaine charges in a juvenile facility.

Baca gives Valdez another chance at freedom. She orders that he be under intensive supervision and with random drug testing.

She warns that if he returns with another felony offense, "you had better bring a toothbrush and be ready to go" to YDDC, the Albuquerque teen lockup.

"I'm not real optimistic," she tells him. "I'm not going to give you a very long leash."

Sentence: Two years' probation

Five months later: Valdez is accused of violating his probation by using cocaine. He was arrested Nov. 4 and held at the Juvenile Detention Center.

[15] Name: Matthew Alderete

Age: 15

Offenses: Domestic violence, probation violations

Alderete is a homeless teen Baca wants placed in a treatment center or treatment foster care.

He has violated his probation on domestic violence charges. He also did not participate in the court's SNAP program designed to help boys control their anger. His parents did not show up for court and his mother doesn't want him back, so he is in custody at the Juvenile Detention Center, Baca is told.

Alderete's public defender, Sousa, explains his client's parents are "pretty much homeless and living in a camper in the grandparent's yard."

Baca tells the boy she's worried about him and wants to find him help for his impulsive behavior. She doesn't want him affiliated with a gang.

"I think I've been setting you up for failure," Baca says.

She postpones his sentencing while probation officers try to get the boy into a treatment center or foster care. Unfortunately, that can take too much time.

"I want to make sure you aren't sitting over there vegging," she tells him, referring to his stay in the Juvenile Detention Center.

Sentence: Two years' probation

Five months later: In August, help for Alderete finally was found. He was sent for treatment to a hospital in southern New Mexico. A parent was ordered to pay $750 to the Public Defender's Office and ordered to participate in counseling and aftercare at the hospital.

[16] Name: Diego Tijerina

Age: 16

Offenses: Battery, larceny, burglary, criminal damage to property, tampering with evidence and probation violations

The 16-year-old grandson of New Mexico's land-grant activist Reyes Lopez Tijerina is next on Baca's docket.

Tijerina's mother, Donna Tijerina, stands beside him. She's been at his side for seven cases, starting in September 2002, and Baca compliments her for her devotion to the kid.

"You are a fairly good mom," she says.

But her son doesn't seem to get the message.

"Here we are four years later and not much has changed," Baca says.

Diego Tijerina's most recent battery charge comes just 12 days before his appearance in court. The battery was on a boy who was locked up with him in the Juvenile Detention Center. They had a fight in the restroom.

Prosecutor Garry Breeswine reminds Baca that Diego Tijerina has been given numerous opportunities and a lot of court resources, but "he hasn't invested in himself."

Baca has allowed him to go to a residential treatment center, put him on probation before and seen him take off for nine months. She also placed him in the JIPS, a program of intensive surveillance by probation officers who check on him frequently at home, at school and at work.

"I'm not going to put Diego back out on the streets," Baca says. "We're here over and over and over again, and we're not getting anywhere."

She tells the boy: "You are just playing me for a fool" and hands him a two-year commitment, which means he'll be sent to YDDC. The staff there will screen him and decide on his placement in the juvenile justice system.

The boy responds that he'd "do better" if she gave him a one-year sentence instead of two. The comment doesn't sway the judge.

"I gave you a chance. I believe in you," Baca tells the teen. "I hope eventually you get the help you need."

Sentence: Two years of incarceration

Five months later: Tijerina was incarcerated at the J. Paul Taylor Center in Las Cruces; a parent was ordered to pay $750 to the Public Defender's Office. He has requested that his sentence be reconsidered and the hearing is scheduled for Dec. 12.

[17] Name: Abelardo Duarte

Age: 16

Offenses: Burglary of his church, criminal damage to property, possession of alcoholic beverages and burglary tools, probation violations.

A prosecutor tells Baca the boy has been abandoned by his parents, who have returned to Mexico.

He is scheduled for sentencing, but Baca doesn't want to do that without an evaluation of the boy.

"I'm inclined to order him into CYFD protective services," she said, referring to the Children Youth and Families Department, which provides services and foster care for abandoned children.

Duarte will remain in custody at the Juvenile Detention Center until the CYFD paperwork and an evaluation are completed. Baca says the department will make the boy eligible for Medicaid, which will pay for the evaluation. Such evaluations usually cost about $700.

Outcome: Baca orders the evaluation.

Five months later: Duarte was sentenced Aug. 8 to two years' probation. A parent was ordered to pay $750 to the Public Defender's Office.

[18] Name: Jake Deshazo

Age: 14

Offenses: Probation violations, domestic violence

Seven hours after the day began comes Baca's final case: Jake Deshazo, who has had 14 referrals to the court by the age of 14.

His charges today include a probation violation for skipping four days of school in January. The boy admits to ditching school so there is no need for his trial, which was scheduled for today.

"Jake, you got all dressed up for court today," Baca remarks at Deshazo's sport coat, jeans and tennis shoes.

His recent charges included aggravated assault and battery against his mother. She is standing next to him, listening to the probation officer's report that her son's "attitude is improving" and all of his urine tests for drugs are clean.

Deshazo is in the community corrections program that requires the testing, but his mother wants Baca to know her son is still a threat.

"If you make him angry, forget it," she says. "I'm deathly afraid of him."

Baca is moved by the mother's words. She orders that Deshazo abide by a 6 p.m. curfew while on probation.

"This is probably one of your final opportunities," she warns the boy.

"Please don't let me down," she says. "Most of all, don't let yourself down."

Sentence: Two years' probation

Five months later: Deshazo is ordered to submit to a forensic evaluation - a report on family history and a child's psychological makeup to help determine his needs and treatment. A parent was ordered to pay $750 to the Public Defender's Office.