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Victims' rights groups riled after Albuquerque girl jailed in rape case

By Susie Gran
Saturday, December 29, 2007

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A victims' rights group wants to help protect a 14-year-old girl who was jailed this month for refusing to testify against the stepfather prosecutors say raped her in 2005.

The girl, who lives in Albuquerque, spent five days at the Juvenile Detention Center and was released Dec. 20.

Linda Atkinson, New Mexico Victims' Rights Project executive director, said she lodged objections with the Bernalillo County District Attorney's Office over the treatment of the girl.

"They wouldn't do this to an adult woman. Why did they do this with a child? Because they could. That made me furious," she said.

Project attorney Melissa Stephenson said this week she was considering filing complaints with the Judicial Standards Commission and the State Bar of New Mexico over the actions of the judge and the prosecutors who wanted the girl incarcerated so she would give a statement that could be used at trial.

"I'm not sure how we can help this child," Stephenson said. "We need permission of her guardian to get involved, and we're looking into that issue."

Stephenson said the New Mexico Constitution specifically guarantees rights to victims which have been violated in this case.

"This is a horrible miscarriage of justice," she said.

The girl was arrested and booked into the Juvenile Detention Center on Dec. 16 after State District Judge J. Michael Kavanaugh issued a warrant at the request of the district attorney.

She failed to appear for her stepfather's rape trial in November. The trial has been rescheduled for April.

The girl was released from custody Dec. 20, but no statement was taken because Kavanaugh did not have time and no other judge was available, said Todd Heisey, deputy district attorney.

Heisey said it was unusual to arrest and jail a witness who refuses to cooperate, but "it's certainly not unheard of."

The intent was "to get her in front of the court and impress her with the seriousness of this matter," Heisey said.

On Dec. 19, prosecutors filed an emergency motion to review the defendant Manuel Quinonez's conditions of release because they believe he has "played an integral part in preventing the child from testifying."

In the motion, prosecutors cite two incidents reported in December by the girl to 911. She said her stepfather "had been at her home, hit her, threatened to return to beat her again and was intoxicated."

Prosecutor Rachel Bayless said she has to wait until Jan. 8 or later to have the motion heard by Kavanaugh. He's scheduled to return to his office Jan. 8.

Bayless said she wants the defendant taken into custody to protect the victim until his trial in April.

"I believe he's a danger to the child," Bayless said.

She said an investigation has begun on whether to file additional charges against the defendant for intimidating a witness.

Stephenson said the developments in the case will attract national attention from victims' rights groups and child advocates.

"The national movement to protect victims is growing due to cases like this," she said.

Data indicates four out of five sexual assault victims of all ages do not report the crimes to police because they distrust the justice system.

The jailing of the 14-year-old will only add to that distrust and have a chilling effect on other victims, advocates say.

"It's so shocking what the judge has allowed. The power of the court was used to bully this child," Stephenson said. "The system is broken."