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Published: 18 May 2020 18 May 2020

The Silver City Daily Press and Independent hosted a virtual forum between the Democratic candidates for the District Attorney in the Sixth Judicial District, which includes Grant, Luna, and Hidalgo counties.

Candidate Michael Renteria gave his opening statement first. He believes the District Attorney's office is a team. "To keep the community safe, let's be honest, we need a leader that's a coach. The office needs a boost." Renteria said he has a new vision and a new energy and is running to bring new leadership to the office.

Norman Wheeler was next. "Tonight what I'm doing is interviewing for a four-year employment contract as the District Attorney. In that job we're going to advocate for victims of crime. I'll explain why I'm the most qualified," Wheeler said. He has already worked in the District Attorney's office as a deputy District Attorney and said he has the right blend of creativity for innovation and experience as a criminal prosecutor.

Nick Seibel, editor and publisher of the Silver City Daily Press, asked a question provided by the audience. "The Sixth Judicial District covers a lot of territory in Southwest New Mexico, three counties. With one candidate from Deming and one in Grant County, where will the District Attorney's office be housed if you are elected and how will you serve the other counties in the sixth judicial district?"

"I expect for a variety of reasons to primarily headquarter out of Grant County. We're also experiencing a mechanism for which we can easily cooperate and collaborate with people everywhere," Wheeler said. "Four years ago I started a series of meetings that actually encompasses and invites officers from all three counties. Those meetings are by phone and the last was through Zoom." He said where the focus is will depend on what's happening and where the needs are.

"There's no plan of mine or intention to change where it's always been as far as the main office, that's Silver City, Grant County," Renteria said. He said it's up to him to make his presence known in the counties. "It has to be a collaborative effort and I'm the one that would travel to do that."

Seibel asked the next question, "What is the very first thing you would do on your first day in office as the District Attorney?"

"Like any good trial attorney, the work happens before you hit the floor of the courtroom," Renteria said. "I think the first day will be about connecting with the staff and the attorneys that are there." Renteria said between July and January he plans to meet with prospective prosecutors and staff members.

Wheeler's answer was more literal and mentioned the swearing in of the attorneys. "From there we're going to develop a vision of where the office is to go." Wheeler encourages folks to visit wheeler4da.com, where he has posted his resumé and his vision for the office. "It's a matter of developing the common goal within the office."

Geoffrey Plant asked a question on behalf of the SCDP. "Will you insert yourself into the courtroom and under what circumstance? What kind of cases would draw you into the courtroom as District Attorney, were you to be elected?"

Wheeler said courtroom appearances will be reserved for the cases that are the most important to the people of the Sixth Judicial District. "If you're asking which cases I'm going to personally appear in, right now the team of prosecutors in the Sixth Judicial District is the best that it's ever been."

Seibel asked a quick follow-up question, "Do you anticipate that you would be in the courtroom on a regular basis?"

"I love being in the courtroom. That's a hard thing, running for this, because it's going to cut down my time in the courtroom although that might make judges happy," Wheeler said.

"Here's my vision," Renteria said, "I'm going to carry a caseload. I'm going to be in the courtroom. It comes down to presence and I need people to feel like their head District Attorney is out there working for them."

Seibel asked the next question from the audience. "What can the District Attorney's office do to improve the use of the 'own recognizance' bail process?"

Renteria said there has been a lot of bail reform in the last few years. "If there is a dangerous person with dangerous crimes there is scrutiny. The last thing the District Attorney wants to do is put the community at risk by releasing the wrong kind of person. My job is to protect the people of our communities." Renteria said there are times when bail should be higher or not exist at all to keep people safe. "On the other hand, if we are talking about drug offenses that are related to addiction, maybe we should think of treatment outcomes rather that punitive outcomes."

"I would say this is a battle our office fights every day," Wheeler said. He added that changes to the constitution in 2016 make it more difficult for prosecutors and judges to work together to hold people.

"One of the questions from the audience is to talk about your background and how that affects how you will approach cases," Seibel said.

Wheeler said in addition to working as a criminal defense attorney he has either worked at a firm or a prosecutor's office. "I've never been in practice by myself and frankly that is a disadvantage. There's no one to mentor you, no one to bounce ideas off of."

Renteria said he worked as a prosecutor for three years from 1999 to 2001. His experience includes working as a social worker and working for CYFD as a child protection worker. He also worked as a truancy officer in Deming. "All of that experience is something you can't measure," he said. He added that since 2002 he has run a small business. "I think it's a little misleading to say you're not learning anything running your own office."

"What are you going to do about unsolved crimes in the Sixth Judicial District?" Seibel asked.

"I think victims and families of victims deserve closure," Renteria said. Renteria wants to maintain a cold case division to give those cases the attention they deserve.

Wheeler said the District Attorney's office already has a cold case unit. "The public just isn't aware of what's going on," he said. He referenced a two-year investigation that culminated in the arrests of 12 people involved in bringing drugs into the Grant County Detention Center. He asserts the lack of publicity in some of these cases is by design.

Seibel asked a follow-up. "What's happening or not happening at the District Attorney's office? You're right, to a large extent it is opaque to the public. Certainly speaking as a publisher of a paper that exists pretty much exclusively to inform the public in the community what's happening with their government. What is the reason for the lack of knowledge of what's happening in the District Attorney's office and how would you change that if you were elected?"

"First of all I would change it because I think it's incumbent on us that part of our job is deterrence. When people don't understand that things are being investigated and actively prosecuted, we lose that deterrence factor," Wheeler said. He wants to find a way to work with news media to inform the public of what is happening in the office without infringing on defendant's rights.

"I think everyone would appreciate that certain information be released, especially in ongoing investigations. It is very difficult to share as much as the public would want. The last thing you want to do is jeopardize your case or say things to weaken your case," Renteria said. "My vision is that every 4-6 months in each major city of the counties we hold a town hall type meeting on a regular basis." Renteria said presence and working with news sources will help people feel like they are in the loop.

"Can you talk about the importance of alternative sentencing and pretrial diversion programs and how that would fit into your term as District Attorney?" Plant asked.

"I believe in Pre-Prosecution Diversion (PPD) programs. I know there are limits to who can apply and what types of crimes qualify," Renteria said. "I can remember having a handful of PPD clients and I am grateful for the opportunity it gave them to earn a clean slate." Renteria reiterated that he thinks drug offenses should be treated differently if they are addiction-related rather than trafficking-related.

"Currently there are actually a multitude of programs available through the District Attorney's office that we strongly support and advocate for," Wheeler said. He also believes in alternative programs like Drug Court wherein the defendant can complete a two-year program and turn their life around.

Seibel asked what the impact of endorsements is on campaigns and what its importance might be.

Wheeler said he's the only candidate in this particular race that received endorsements from local law enforcement. He is proud of his work implementing the monthly law enforcement meeting, which he believes will lead to the creation of a multi-disciplinary task force.

Renteria believes law enforcement endorsements can be a slippery slope. "I didn't get any law enforcement endorsements because I didn't seek any. Four years ago I was fortunate enough to get the endorsements and I lost the election. I learned from that," Renteria said. "My success would reflect on law enforcement's success and vice versa, but I don't want to give people the impression that I owe them or that they owe me."

Another question came from the audience. "What kind of groundwork have you already made with law enforcement agencies and how widespread has your reach been thus far?"

Renteria said he has already met with police chiefs and sheriffs in the district. "As a defense lawyer I was looking for the best outcome I could for my client. As a prosecutor I'm trying to have that relationship and trust and experience built in with those officers to let them know that I'm watching after their case to make sure it's successful."

"I'm proud of my relationships that our office has built over the last five years," Wheeler said. "I very specifically and intentionally reached out to start building those fences and I've explained some of what we've done."

Seibel asked what the candidates plan on doing to change the public's perception of the District Attorney's office in reference to the public's conception of corruption. He was speaking most specifically about the high profile cases involving violent crimes and law enforcement officers.

"Nobody is above prosecution and I can tell you that there are all kinds of investigations brought to the office," Wheeler said. "We have to hold all people accountable, including ourselves."

Renteria said the tragedies Seibel cited will probably never leave the community. "The law enforcement community needs to be held to the highest standard. Once people see that they will be less worried and less concerned about the 'good ol' boys' system," he said. "We need to phase that out of our communities. I am from Luna county. I don't have those connections and relationships in Grant County. I don't feel I even have those in Luna County because I've been on the defense side for 18 years."

"Will either of you consider retaining the current District Attorney, Francesca Estevez, as a prosecutor?" Plant asked.

"I have a vision for new leadership and new prosecutors in the office," Renteria said, after noting that Estevez likely has enough time in to retire. "I don't think that's a bad thing, sometimes we need new blood or a recharge."

"When you ask an attorney a question like that, obviously Mr. Renteria's answer should be, 'yes, I'd consider it but it won't happen'. You can't ask attorneys open-ended questions," Wheeler said. He added that Estevez has no interest in remaining in the office and plans to retire.

The next question from the audience was how many attorneys are in the Silver City, Deming, and Lordsburg offices and if that is something the candidates would change.

Wheeler said there is one full-time attorney in Lordsburg, six in Grant County/Silver City, and five in Luna County. He said he doesn't think there is an immediate need to change that, but would do so if needed.

"I think circumstances sort of dictate that type of decision," Renteria said. "My understanding about how it is staffed now is there isn't a need, that I am aware of right now, for modifying that. It depends on the dynamics of the case at hand and the needs in the district."

Seibel asked another question from the audience. "The general policy question of the last few sessions of the legislature there has been discussion of legalizing marijuana for recreational use. What's your opinion on what the legislature should or should not do and how do you expect that would impact the drug issues we see in the Sixth Judicial District?"

"If the law says it's legal then I have no issue with that, because my job is to enforce the laws that are on the books and not to put my own personal views. The law is the law and I follow it," Renteria said. "Until the legislature changes it, it remains illegal."

"I agree with what Mike says about it not being my job to put my personal opinion into this," Wheeler said. "If I'm doing my job correctly, whether it's the issue of marijuana or anything else, you're not going to know my opinion is other than that I don't like drug dealers and I don't like people using guns in crimes."

"How many drug dealers have you sent to prison?" Seibel asked.

"With time I could give you the specific answer. I apologize that I can't say it's twenty-five or what it is," Wheeler said. "I believe wholeheartedly we need to give people who are addicted the opportunity to address their addiction. However, the people that are selling the drugs to them need to leave the community and that's plain and simple."

Renteria estimates that he sent 20-40 to prison when he was a drug prosecutor. "I do know we had a lot of trafficking cases, being on the border here in Deming."

The next audience question was also drug related. "Do you believe the Sixth Judicial District needs more narcotics oriented police?"

"The opioid crisis affects the whole nation, our county included. Heroin is making a comeback. There are bad outcomes from use and abuse," Renteria said. He thinks a task force would be worth considering. "I'm open to coming up with alternative ways to address the drug problems in our area."

"I think we need a concerted, more district-wide enforcement process. I have already talked about the monthly meeting with law enforcement," Wheeler said.

"How does the current immigration situation affect your actions as a District Attorney?" Seibel asked on behalf of the audience.

"Well it's not really a concern. It's not a violation of state law," Wheeler said. "It's not a State of New Mexico violation for someone to be here illegally. We frequently prosecute for the crimes committed, but not the fact they are here illegally."

"This is an issue that touches me personally and culturally," Renteria said. He recalls trying cases where domestic issues involving people without citizenship status led to partners being afraid to say what happened out of fear of the immigration department.

Plant asked what the candidates felt about the recent issue of sheriffs in New Mexico saying they would refuse to enforce laws.

"I don't get to choose what laws are in effect, my job is to enforce. The sheriff is in the same boat," Renteria said. "I know the sensitive issue is the gun bill. I know the reason is to protect people from mass shootings and mental health issues."

Seibel asked a follow-up question. "So if the sheriff said, 'heck no, I'm not enforcing it,' is there a place for the District Attorney to be involved?"

Renteria said if the sheriff is not enforcing the law he would have to take steps.

"The system in place says if I believe the person is in a position to injure himself or herself under the existing law, to take the person to a mental health facility and have them examined by a qualified medical provider. Then a petition can be filed with the district court and they will be appointed an attorney," Wheeler said. He added that if the judge agrees then an order is issued saying they can no longer have a firearm. "What legislature has done, it has redefined law enforcement to include the District Attorney and the people who work for the District Attorney's office." The new law removes the immunity protections for prosecutors and police officers.

"What happens if the sheriff does not enforce this law?" Seibel asked.

"The law is written in the disjunctive, so that I have to review the case and I have to agree with the sheriff OR I have to prosecute the case," Wheeler said.

Seibel offered Renteria more time to answer as well.

"Everyone has to be held to the same standard. I don't see how the District Attorney could turn their back. I don't want to alienate law enforcement, the law applies to everyone the same," Renteria said.

"How would the District Attorney's office, under your leadership, improve victim rights?" Seibel asked.

"As District Attorney one of my focuses has to be the benefit and rights of the victim. You need to focus on the victim, that's how you bring justice," Renteria said. He wants to make sure there are people on staff to help victims.

"Those programs are already in effect in the District Attorney's office and frankly we have a marvelous group of victims' advocates," Wheeler said.

"What can be done to move cases through our court system more quickly?" Seibel asked.

"That's a question as old as time itself. A defense attorney wants to drag it out. The initial tempo is set by whether the person is in custody, and then it's a matter of prosecutors and victim advocates," Wheeler said.

Renteria voiced concern about how many cases are stuck in pretrial or sentencing phases in New Mexico. "It bogs down the jails and costs money. It slows down the process in the court system. Plea bargains filter out cases and prevent cases from bottlenecking."

"Several people ask about whether you will prosecute people with strong family names. I think you've both weighed in that you would prosecute people equally. Mr. Renteria brought up plea bargains and a lot of people dislike that. The reason given is that Grant County juries won't convict. I wonder if you would agree with that characterization and how you might combat that as District Attorney," Seibel said.

"I believe in our system. I believe there are flaws because we are human but I also believe there are difference makers that can change the tide. Once integrity is restored to the system and the trust is there then people are less likely to think the system will let them down," Renteria said.

"Renteria is bringing up integrity. That is one of the most insulting things. It's insulting to me, my office, and my juries. It's insulting to everybody in Grant County when we talk about things being done because of a lack of integrity," Wheeler said. "That said, plea bargains serve a purpose." Wheeler added that the system isn't built to do thousands of jury trials a year.

"What do you think about the assertion that Grant County juries won't convict?" Seibel asked.

"I've heard it," Wheeler said. "My first trial I did, I lost. I didn't think the police reports were good. I didn't accept that. That's when I started the program to work with officers, and work with them on investigations. That has turned around dramatically."

Seibel asked about cultural competency and whether it is important to be bilingual.

"I know it's been made an issue," Wheeler said. He started a program to receive community feedback because he believes it's important to be sensitive to people. As for there being an issue that he is not fluent in Spanish, Wheeler said there are people in the District Attorney's office that can translate that he trusts.

"Language can become a barrier. I've won cases on the language barrier. I think it's a tool in my toolbag and it's something that gives me an advantage. It helps me connect with people whose primary language is Spanish. It's an asset for me, and I'm proud that it's a part of my culture," Renteria said.

"If you win the election as District Attorney would you hire your opponent to work in the District Attorney's office?" Seibel asked.

"Norm and I haven't had that conversation," Renteria said. "I don't know if I would be able to do that. It's hard to consider hiring someone on your team that was your opponent during the election."

"I would invite him to volunteer his time as a community liaison and interpreter. I would not hire him. Some of his answers he has given tonight, either he answered when he didn't know the answer, or he gave incorrect information," Wheeler said. "I'd have trouble working with him."

"If you had to pick one thing that distinguishes you from your opponent, what is it and why?" Seibel asked.

"Qualifications for the job. I have my resume up at wheeler4da.com. I'm qualified for the job. I've conducted twelve jury trials. Frankly tonight as you've listened to the answers he's provided no facts," Wheeler said. "It all comes back to our qualifications. Mine are there and that's the biggest difference."

"Sincerity of purpose. That's what differentiates me from Norm," Renteria said. "I think Norm gets insulted because I hit close to the bone and that self-reflection is creating a lot of turmoil for him. Norm is quick to try to match what I'm trying to do. There's no pathway where he is directing the boat. He can attack me and that's okay. I try not to do that. I don't think it's a healthy thing. It's hard to take the criticism and not respond."

"Imagine we are four years in the future. We are doing a candidate forum and you're running for reelection. What one accomplishment are you most proud of?" Seibel asked.

Renteria said he will improve what he has set out to improve, and the communities will see that for themselves.

"I'm proud to have somebody say, 'you're a man of your word and you made this a safer place to live,'" Wheeler said.

Wheeler was the first to give closing statements. "One of us talked about what he accomplished and what he wants to build in the future. The other said 'I will' and 'I wish.'" Wheeler can be reached at 575-313-5619 or via email at info@wheeler4da.com.

"My office will always be open to you. I was born in New Mexico, raised in New Mexico, and lived in New Mexico my entire life. I've lived in this district nearly my whole life. I'm from here. This is my state, this is my home, and these are my people. I've been a Democrat for forty years," Renteria said. He can be reached at 575-544-8313, or on Facebook as Michael Renteria and Instagram as Mike4DA.

Absentee ballots are available online by request at NMvote.org or call your County Clerk's office. Tuesday, June 2, 2020 is Primary Election Day.