EDITORIAL: Serial burglar case may offer DA a script

Albuquerque Journal, N.M.
·2 min read

May 19—Although a recent state Supreme Court ruling has allowed the pretrial release of a suspect in 80 home burglaries, there may be a silver lining: Prosecutors were given the specific wording required to convince a judge to keep a dangerous, serial defendant in custody.

The state Constitution used to base pretrial release on the bail system. Since passage of a constitutional amendment in 2016, a judge may deny bail only if there is clear and convincing evidence no conditions of release would reasonably protect the public.

The case of 19-year-old Jesse Mascareno-Haidle seemed to be clear-cut. While only charged in two cases and his public defender is right, Mascareno-Haidle is innocent until proven guilty, police and prosecutors said he was suspected in 80 nighttime home burglaries. The DA argued he had confessed to 28 of those. Police found evidence linked to several serving a search warrant on his home.

It is a miracle Mascareno-Haidle did not encounter an armed homeowner, that no one was injured or worse during those dozens and dozens of burglaries in which people were at home, sleeping in their beds, during a break-in.

Second Judicial District Attorney Raúl Torrez had challenged a lower court ruling that allowed Mascareno-Haidle to be released pending trial and live at home on a GPS monitor. Chief Justice Michael Vigil said prosecutors were able to show Mascareno-Haidle posed a threat to the community but failed to argue or prove no conditions of release could protect the community from him.

In light of the Supreme Court's May 7 ruling, DA Torrez says state lawmakers should take up the issue of pretrial detention to "fix an obviously broken system that continues to place the community at unnecessary risk." It may come to that if the script keeps changing for our DAs to successfully argue to hold a dangerous defendant.

But this latest ruling makes clear it is up to prosecutors to explain exactly why "no conditions of release can protect the community from (defendant's name)." That should become a standard part of their argument when seeking continued custody. It is then up to judges to use common sense and consider the very real danger serial criminals like nighttime burglars pose to victims and to themselves.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.