EL PASO, Texas (KTSM) — Doña Ana District Attorney Gerald Byer held a news conference on Thursday to clarify case dismissals, criminal procedures and public safety after an El Paso media outlet reported inaccurately.
Byer said the way they handle case dismissals is nothing similar to what happened during El Paso County District Attorney Yvonne Rosales term.
Byer also said dismissals are handled with the new case management rule which was passed in June by the New Mexico Supreme Court.
The case management rule is meant to eliminate the backlog of cases and to provide a more streamlined process for moving cases through the court system.
“The courts are the ones who direct and have the authority to direct the procedures that are occurring within the court. How the cases are managed, how the cases are handled, how the dockets proceed. They are the entity of government with the sole authority and responsibility to do that,” Byer said.
Byer told media outlets that he emphasized that case dismissals are on a case-by-case basis.
He said cases can be dismissed for a numerous amount of reasons, although the dismissals result from the new case management rule.
“The purpose of the Supreme Court’s rule was to limit the amount of time that a person spends incarcerated, aided in custody or having their liberty removed from them prior to trial. The concept is that the person should not be punished before they are found guilty of the offense,” Byer said.
Byer said the rule requires arraignments within 15 days of a grand jury indictment, or seven days if the defendant is in custody.
“We review the cases that have been dismissed and determine if they are feasible, viable cases still, to be able to refile and proceed to trial on those cases,” Byer said.
“They all deserve their day in court, so, we review those cases and those other cases that are still viable, we still have evidence upon which we can proceed,” Byer said.
Byer did not take question after the news conference to clarify any confusion.
To read more about the Doña Ana Attorney’s Office, click here.
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