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District Attorney Kari Brandenburg over the weekend laid the blame at the door of the New Mexico Supreme Court and its new speedy trial rules, which she says have forced prosecutors to voluntarily dismiss cases based on “technicalities.”

On Monday, the Supreme Court said Bernalillo County’s top prosecutor should be looking at her own operation.

“While it is tempting to blame others for these tragedies, her criticism is misplaced and misleading,” Artie Pepin, director of the Administrative Office of the Courts, said in statement released Monday.

Pepin said that if Brandenburg doesn’t have sufficient resources to prosecute every case, she has “the responsibility and discretion to focus resources on the most important cases, including ones involving the most dangerous, repeat offenders.”

The court rule Brandenburg is taking aim at was adopted Feb. 2 and essentially requires prosecutors to provide defense lawyers the evidence upon which the charges are based at the time of arraignment – which takes place within 48 hours of arrest.

There are numerous other deadlines as the case proceeds.

“I believe this new Rule has resulted in a risk to public safety, and I am greatly concerned about the human costs,” Brandenburg said in a statement released this weekend.

Benner shooting

Brandenburg also linked the Memorial Day weekend shooting death of Rio Rancho police Officer Gregg Benner to the new rule.

Andrew Romero is charged with the shooting death of Benner – also during a traffic stop.

“We do know that these two cases (Romero and Lymon), both rushed because of the CMO (Case Management Order), were stepping stones in the path of these devastating consequences,” Brandenburg said.

As a result of the new court rules, Brandenburg said, Romero, who also has a conviction for manslaughter, got a plea agreement to several felonies that allowed him to be released from jail – on his own recognizance – if he agreed to enter a drug treatment program that he never attended.

Instead, he went on an armed robbery spree that allegedly ended with the death of Benner.

“These are felony cases, dismissed due to technicalities, and not on the actual merits of the cases,” she said.

Pepin said most of the cases are dismissed without prejudice, which means that the District Attorney’s Office can refile the charges any time it can produce the evidence that supports an indictment.

“For example, in Mr. Lymon’s case, the district attorney’s office could have refiled charges against Mr. Lymon at any time it was prepared to prosecute the case,” he said

Pepin noted that the state Supreme Court is backing a constitutional amendment that would allow judges to hold defendants found to be a “danger to the community” in jail without bond.

‘Worst of the worst’

On Monday, U.S. Magistrate Judge Kirtan Khalsa ordered that a federal public defender will represent Lymon on federal charges of being a felon in possession of a firearm. It is likely he also will be charged with Webster’s shooting in state court.

Lymon is facing up to 10 years’ imprisonment on the federal charge alone. Romero also is facing federal charges in the shooting death of Benner.

The U.S. Attorney’s Office said it plans to prosecute both men in a program designed to target “the worst of the worst” offenders.

Webster, who was shot multiple times, including at least once in the face, is in critical condition and “battling for his life” at the University of New Mexico Hospital, according to Officer Simon Drobik, a department spokesman.

Police said Webster was shot as he was trying to handcuff Lymon, who had been riding a motorcycle that had been reported as stolen.

Lymon allegedly fled the scene and was captured hours later by APD’s canine unit after a manhunt. He still had a handcuff around one of his wrists when he was arrested, police said.

Lymon, who was injured during the arrest, was released from the hospital and placed into federal custody Saturday.

In December 2014, Lymon was charged for taking part in the beating of a man outside of Knockouts, a Downtown strip club. The attack was caught on video and posted on the Internet.

According to the criminal complaint, one video showed the victim in the case, Jose Macias, in a fight with bouncers from the club. A second video showed Lymon attacking Macias.

Charges were filed against Lymon and others but then dismissed because of discovery problems – turning over evidence to defense attorneys.

Brandenburg spokeswoman Kayla Anderson said prosecutors intend to refile charges in that case.

In June, Lymon was arrested on charges of embezzlement and being a felon in possession of a firearm.

According to the complaint, Lymon borrowed a handgun to go target shooting. He allegedly refused to return the firearm and the victim contacted police.

Anderson said that case was dismissed in July for “lack of evidence.”

In 2001, Lymon was one of three men charged in the killing of Ronald Chanslor Jr., the 20-year-old grandson of Blake’s Lotaburger founder Blake Chanslor, police said.

Police believe the shooting was related to a fraud scheme gone sour, said then-Sgt. Brian McCutcheon with the Albuquerque Police Department.

Lymon pleaded guilty to manslaughter and other crimes and was sentenced to 11½ years in state prison.

New rules

The Case Management Order and the new rules were drafted by a committee established by the Legislature and approved by the state Supreme Court.

The goal was to reduce overcrowding at the Metropolitan Detention Center and to speed up felony cases in Bernalillo County, where the backlog was leading to dismissals.

The rules govern only the criminal courts in the 2nd Judicial District. They require that at a felony arraignment, prosecutors in Bernalillo County must produce all the evidence relied upon in the investigation leading to the indictment or criminal information.

That includes the names and contact information of witnesses, copies of documentary evidence and audio-video recordings made by law enforcement officers. Prosecutors also have to provide defense attorneys a letter authorizing the defendant or his attorney to examine physical evidence in the possession of the state.

Prosecutors must certify that the case has been sufficiently investigated and that it can proceed to trial in a timely fashion.

Failure to comply with the rule can lead to dismissal of the case, although judges have been dismissing cases without prejudice, which means they can be refiled.

Journal staff writer Nicole Perez contributed to this report.