Santa Fe County murder suspect's hearing delayed over lack of a lawyer
Dec. 22—Murder suspect Manuel Rios Alderete was teary-eyed as he walked into his first appearance Thursday in First Judicial District Court, where he appeared to be stifling his emotions as court officials determined he had no legal representative.
The Santa Fe man is one of numerous suspects in the killing of 26-year-old Adan Ponce-Galdeano in late November. Ponce-Galdeano's body was found inside a Lone Butte home's garage on Dec. 6 by Santa Fe County sheriff's deputies.
Rios Alderete, 35, is charged with an open count of murder; conspiracy to commit first-degree murder; armed robbery; tampering with evidence; conspiracy to commit tampering with evidence; conspiracy to commit nonresidential burglary; and receiving stolen property worth $250 or less, according to online court records.
An affidavit for Rios Alderete's arrest warrant states he planned to kill Ponce-Galdeano so he could steal $90,000 from the victim's storage shed and instructed others to dispose of the body.
Deputy District Attorney Kent Wahlquist said Rios Alderete is facing life in prison plus an additional 29 1/2 years of incarceration. He said Rios Alderete may also be obligated to pay a fine of up to $35,500 if convicted.
The proceeding Thursday was slated to include a dangerousness hearing to see whether Rios Alderete should be kept in custody before trial. However, right before the hearing started, those in the courtroom realized the homicide suspect had no legal counsel.
Rios Alderete was confused about the situation, and asked his interpreter whether he was there to defend him.
"I don't have an attorney?" Rios Alderete responded in Spanish after being told the man next to him was not his legal counsel.
Public defender Brad Kerwin — who was in the courtroom after serving as counsel in an earlier hearing — stood in for his lawyer.
"This case should be assigned to — well, because there [are] multiple defendants, it will either be contracted out or assigned to our serious crimes unit," Kerwin said during the hearing.
In the midst of Thursday's confusion, Kerwin spoke with Rios Alderete in a side room where the defendant elected to waive time on the hearing. A preliminary examination and a dangerousness hearing were both scheduled for Jan. 5.
"I don't know anything about why his attorney wasn't here," Kerwin said after the proceeding. "I don't know if there's confusion, I don't know if he's sought private counsel, and they didn't show up. I don't know."
Randy Chavez, deputy chief for the state Law Offices of the Public Defender and director of contract counsel legal services, said Rios Alderete did not have an attorney assigned to his case Thursday due to constraints at his office.
"We try our absolute best, but sometimes it just takes time to find counsel on these cases," Chavez wrote in a statement. "All our contractors who can take murder cases are carrying very heavy loads. In addition, it is the holidays, and attorneys have private affairs to consider."
Maggie Shepard, a spokeswoman for the public defender's office, said a "blip" in defendants obtaining legal counsel doesn't happen often. However, she added Rios Alderete will definitely have an attorney by Jan. 5.
