NM NM - Patty Pritz, 14, & Mattie Restine, 13, Carlsbad, 11 Aug 1961 - #1

[Hurricane]

This does not specifically address past law but according to this information 1st degree murder never has a statute of limitations in any state however 2nd degree murder, 3rd degree murder and manslaughter can have a statute of limitations in some states:
http://www.lawyers.com/ask_a_lawyer/q_and_a_archive/view_archive/index.php?QID=18-AUG-03

Q. What is the statute of limitations regarding a murder? For example, what happens if information comes to light regarding the implication of a suspect in an unsolved murder, does the statute of limitations still apply?

A. First, by explanation, a statute of limitations refers to the time period within which a prosecution must be commenced. A prosecution after that date is not allowed, even if the defendant is factually guilty.


There are three main purposes to a statute of limitations. First, it protects a person from being interminably under the threat of possible criminal prosecution and forced to defend a case after defense witnesses may have died, disappeared, or otherwise become unavailable. Second, it protects individuals from having to defend themselves against charges when the passage of time is likely to prevent them from fully investigating the facts of the crime. Third, it encourages law enforcement officials to promptly investigate suspected criminal activity.


Every state has a statute of limitations for crimes, but the laws differ from state to state. In addition, different offenses are controlled by different periods of limitation.


However, no state has a statute of limitations on first degree murder. It can be prosecuted at any time. For other degrees of murder, there may be a time after which a prosecution cannot be brought. For example, in your state, Florida, second degree murder, third degree murder, and manslaughter all provide for a four year statute of limitations.


This can work to the defendant\\\\\\\'s disadvantage. For example, let\\\\\\\'s say you are charged with first degree murder five years after the crime. You want to argue that you are guilty only of manslaughter. Because the statute of limitations has passed, the Judge will not provide the jury with an instruction allowing it to consider the lesser crime against you. It will be either murder one or nothing. In such instances, a defendant may seek to waive the statute of limitations on the lesser crime so that the jury may consider it.


In sum, if the state develops new evidence to show a person has committed first degree murder, the charge can be brought at any time. If the new evidence suggests a lesser degree of murder or manslaughter, the charge must be brought within the state\\\\\\\'s statute of limitations for such lesser crime.​

 

[Hurricane]

Here it is. New Mexico does have limits on filing 2nd & 3rd degree murder charges:

http://www.lubbockonline.com/stories/021509/nat_388095819.shtml

Quoting from the above article:

Currently only capital and first-degree murder cases and some sex offenses have no time limit for prosecution in New Mexico. Second- and third-degree murder cases carry a six- and five-year time limit for prosecution.

"This leaves out a majority of murder cases because a majority of the murders in the state are second-degree," said Albuquerque Police Chief Ray Schlutz, adding that many rape cases also have statutes of limitation.

End quote.

 

[Sunshine 1950]

This does not specifically address past law but according to this information 1st degree murder never has a statute of limitations in any state however 2nd degree murder, 3rd degree murder and manslaughter can have a statute of limitations in some states:
http://www.lawyers.com/ask_a_lawyer/q_and_a_archive/view_archive/index.php?QID=18-AUG-03

Q. What is the statute of limitations regarding a murder? For example, what happens if information comes to light regarding the implication of a suspect in an unsolved murder, does the statute of limitations still apply?

A. First, by explanation, a statute of limitations refers to the time period within which a prosecution must be commenced. A prosecution after that date is not allowed, even if the defendant is factually guilty.


There are three main purposes to a statute of limitations. First, it protects a person from being interminably under the threat of possible criminal prosecution and forced to defend a case after defense witnesses may have died, disappeared, or otherwise become unavailable. Second, it protects individuals from having to defend themselves against charges when the passage of time is likely to prevent them from fully investigating the facts of the crime. Third, it encourages law enforcement officials to promptly investigate suspected criminal activity.


Every state has a statute of limitations for crimes, but the laws differ from state to state. In addition, different offenses are controlled by different periods of limitation.


However, no state has a statute of limitations on first degree murder. It can be prosecuted at any time. For other degrees of murder, there may be a time after which a prosecution cannot be brought. For example, in your state, Florida, second degree murder, third degree murder, and manslaughter all provide for a four year statute of limitations.


This can work to the defendant\\\\\\\'s disadvantage. For example, let\\\\\\\'s say you are charged with first degree murder five years after the crime. You want to argue that you are guilty only of manslaughter. Because the statute of limitations has passed, the Judge will not provide the jury with an instruction allowing it to consider the lesser crime against you. It will be either murder one or nothing. In such instances, a defendant may seek to waive the statute of limitations on the lesser crime so that the jury may consider it.


In sum, if the state develops new evidence to show a person has committed first degree murder, the charge can be brought at any time. If the new evidence suggests a lesser degree of murder or manslaughter, the charge must be brought within the state\\\\\\\'s statute of limitations for such lesser crime.​

Wouldn't you think Mattie and Patty's murders would be consider 1st degree? I mean come on....look at what this sick person(s) did to them...and if the DB person did this he planned it.
So basically this case would be at the mercy of how the DA or Judge would want to charge the person? The degree of this persons deed. In the Judges eyes, or laws.

 

[Hurricane]

Wouldn't you think Mattie and Patty's murders would be consider 1st degree? I mean come on....look at what this sick person(s) did to them...and if the DB person did this he planned it.
So basically this case would be at the mercy of how the DA or Judge would want to charge the person? The degree of this persons deed. In the Judges eyes, or laws.

I agree with you that this is a 1st degree murder case. The prosecuting attorney would have to file it as such then make a case that the defendant either pre-planned to murder that night by driving around with a loaded weapon looking for a victim; or that he pre-planned to murder Patty and/or Mattie specifically. The latter plan would lend itself to the statement that was made that Mattie was in the wrong place at the wrong time, or words to that effect.

 

[Jan1966]

Hurricane,
The law as it stands right now is found at www.supremecourtlawlibrary.org It is under statute chapters 30-1-8. I don't know exactly where I found that it was enacted in 1963. I'll have to go back and look. I have read so much on it. I did read that where dna is found and then a match is found is when statutes of limitation start. It's all a little confusing so I'm going to have to do a bunch more research. It appears that the 1963 law did not apply to previous cases but I am willing to bet that there is some way around this. If we find a live suspect I am sure we could talk someone into making a prosecution stick!

 

[TOM BEYER]

I was able to confirm (various sources) that there are no statute of limitations for 1st degree murder in New Mexico. But I did find one source (credibility questionable) saying the statute of limitations was 10 years for 1st degree murder in 1965 and NM was the only state that actually had a limitation at that time.

 

[TOM BEYER]

Both South Carolina and Wyoming have eliminated Statute of Limitations on all crimes and North Carolina and West Virginia have no limitations on felonies.

 

[TOM BEYER]

This is a 1st degree murder case, because it involved murder in commission with a two felonies (murder and kidnapping). The perp does not have to have the premeditated intent to committ murder for it to be first degree murder. A robber who shoots someone is guilty of first degree murder. Every state honors this, even New Mexico.

 

[TOM BEYER]

Sorry, in the last post, I meant "with two felonies (rape and kidnapping)." Robert Fry, the brutal murderer and suspected serial killer from Farmington, tried to get his first degree murder charge change to second degree. He argued that he did not intend to kill the woman that he kidnapped, but when she resisted his attempt at rape, Fry got angry and beat her to death with a sledge hammer. His appeal was rejected and he, along with Timothy Allen of Bloomfield (another suspected serial killer) are scheduled to be executed. Yes, NM eliminated the death penalty, but the elimination does not apply to Fry and Allen. No body would regard Mattie and Patty's murders as 2nd degree.

 

[Jan1966]

Tom,
I live in Santa Fe and I do have a contact in the legal dept. at the legislature, I'll see if I can get some confirmation from him about a 1961 case. I hate to say that the cold case detective at the State Police was wrong but I just don't see how they could make the statute of limitations stick. I will also try the AG's office. If we could actually get someone there interested maybe they can put a fire under the ECSO to either do something or hand it over! I know that Sunshine tried but there are new people there now and I just might luck out! Thanks for your input.

 

[Sunshine 1950]

Does anyone remember the old Arrowhead Drive In....the picture show one? I was wondering if anyone can tell me where it was in 1961. Is it still there? Also where did everyone go ride horse back in those days also. I was just wondering.

 

[Jan1966]

Sunshine I believe the drive-in was on the Artesia Highway out by where the college is now. I'm not sure that the name was Arrowhead though. Maybe someone else will remember the name of it. I did speak to someone in the AG's office and she seemed interested and said she would get back to me but I haven't heard from her yet. In re-reading the reports it says that sperm was present but that no spermazota were present. Wouldn't it still contain dna?

 

[Sunshine 1950]

Now I need to know about a grocery store that use to be out near Canal St. or maybe Canyon St. It was called "Roses Grogery" I'm trying to figure out where DB took the girl he raped back in 1963. It was pretty close to town. But I don't know if it is still there or not. I wish someone could help me out with this.

 

[farawaygirl]

Perform due diligence in developing Nichols as a suspect, since his family has offered this tip and their assistance with DNA. Delve into his history through cooperation of the granddaughter and other family members. Include vehicle ownership, places of employment, details on the California attempted molestation and parallel case study of this and other areas Nichols was known to have been through the years. Conduct a full ground search of his property in Wichita Falls for a possible connection with the Sims boy's disappearance.

It is not an easy task getting onto this site to leave a posting. I was born and raised in Carlsbad and left in 1963, then came back in 1964 and graduated high school and left Carlsbad for good. I do come back ever chance I get because I have good memories here. All except for the Patty/Mattie murders! I was 12 years old at the time. That is when the town started locking doors. I know of all these places that have been talked about and been to them many times over. So far, I have only read up to this page but I have taken so many notes that I dedided to leave my thoughts at this point.

Somewhere near the beginnings of the posting, there was a ruby ring mentioned and I believe that it was DB's wife who told the investigators that
DB had a ring like that. When I was reading about the strange markings on Pattie's body, around the nipple/breast area and wondering what might have made those markings. I think it was suggested that Nichols could have had some tools that could have done this. I think it could have been the ruby ring when DB was punching Patty. If this is the case, that ruby ring might have DNA imbedded in it somewhere. As I write this, I also think that someone who was guilty in this case could be reading all of these threads to keep up with the new findings or suspicions.

I also think that Nichols may be guilty of something that happened around or even on the same night, because of his scratches. Him being in trouble before with young kids, he might have known he would be suspected and decided to leave town to avoid confrontation. Could there have been 2 crimes committed on the same night? Why not? The main reason I DON'T think Nichols was involved is because there is too much coverup on the case and why would the police dept try to cover up for Nicoles? It has to be DB in my mind.

As far as the DNA sample and semen goes, we're pretty sure that DB was not sterile because he had possibly inpregnated Patty.

I know that a psychic had been involved when Estrada was reviewing the case. Why not hire one of the psychics that have helped solved many cases over the years. I know that when one of my nephew was missing, and later found dead, that the psychic had predicted his whereabouts and reason for death right down to the details. I would highly recommend this.

I am checking on some further information with a friend.

 

[farawaygirl]

I am new to this and posting threads has been difficult. I was trying to highlight one of the statements above and my answer. What happened was that my thread went to page 41 and did not highlight the quote at all so it appears that it was something I was saying myself. I guess I'll work out the kinks but feel free to help me if you like.

 

[Sunshine 1950]

Farawaygirl thank you for your posts...that is why we are on here...to hear what others feel/think... or to share information with us. The ring that was mentioned ...the ruby ring...that belonged to DB...according to DB's ex-wife that ring was lost several years ago...one of the children had it and lost it. So we can't go there now.
I personally feel like the dna testing that was done in 2003 needs to be redone due to the fact that they were not the correct dna tests. But I know that isn't going to happen. So that also is a dead end for now. I do know the Pritz family is thinking about having Patty's body exhumed and collect some dna from her...then move her to another cemetery.
We have not and will not give up on our plight for justice for Patty and Mattie . The girls deserve to have their day in court... as they say.
The monsters that did this will pay for what they did some day...if not here on earth...then on judgement day.....

 

[justthinkin]

Sunshine I believe the drive-in was on the Artesia Highway out by where the college is now. I'm not sure that the name was Arrowhead though. Maybe someone else will remember the name of it. I did speak to someone in the AG's office and she seemed interested and said she would get back to me but I haven't heard from her yet. In re-reading the reports it says that sperm was present but that no spermazota were present. Wouldn't it still contain dna?

Hmmm. Wouldn't that narrow the field of suspects down to someone with a vasectomy or male infertility?

 

[sassymomtx]

Sunshine,
I have been following your posts since April 2008 that I found in the Carlsbad Current Argus. Then I followed here. This may not help, but I was born and raised in Carlsbad graduated in 1966 and had one class with Patty the year before the murder. My husband was a pall bearer at Patty's funeral. Anyway, here goes: The name of the drive in on the Artesia highway was the "Corral Drive In Picture Show. " The Arrowhead Drive In was a hamburger place on the corner of Church and North Mesquite, across from the old Carlsbad High School. Neither my husband nor I can remember "Roses Grocery." Is that what you were asking? I did not recognize the word "grogery" in your post. We do remember a "Rogges Grocery" and it was located on the corner of 6th st and Idaho St.

I do believe that it is possible the girls may have walked down Church to go home as it was and still is a main road in Carlsbad that goes all the way from the beach area, and up to C-Hill

I need to go back and re-read the posts as I cannot remember the information posted about the girls getting into a car with someone. I was wondering if the post was referring to the Arrowhead Drive in or the Drive in Movie. Anyway, I will read it again.

My heart goes out to you and your family. You are a very strong person to have kept this alive all of these years. I hope and pray you can find some closure. God Bless you

 

[Sunshine 1950]

Sunshine,
I have been following your posts since April 2008 that I found in the Carlsbad Current Argus. Then I followed here. This may not help, but I was born and raised in Carlsbad graduated in 1966 and had one class with Patty the year before the murder. My husband was a pall bearer at Patty's funeral. Anyway, here goes: The name of the drive in on the Artesia highway was the "Corral Drive In Picture Show. " The Arrowhead Drive In was a hamburger place on the corner of Church and North Mesquite, across from the old Carlsbad High School. Neither my husband nor I can remember "Roses Grocery." Is that what you were asking? I did not recognize the word "grogery" in your post. We do remember a "Rogges Grocery" and it was located on the corner of 6th st and Idaho St.

I do believe that it is possible the girls may have walked down Church to go home as it was and still is a main road in Carlsbad that goes all the way from the beach area, and up to C-Hill

I need to go back and re-read the posts as I cannot remember the information posted about the girls getting into a car with someone. I was wondering if the post was referring to the Arrowhead Drive in or the Drive in Movie. Anyway, I will read it again.

My heart goes out to you and your family. You are a very strong person to have kept this alive all of these years. I hope and pray you can find some closure. God Bless you

Thank You for the information. Maybe it is Rogges Grocery...I was going by what was in the report I have on DB's rape charges. It mentions a store in the reports...but it said Rose Grocery...but that might be an error in the court records. Do you know who owned that store back then and if it is still open now? I have seen many mispelled words over the years from that time period. Especially mispelled names. I'm not a very good speller myself...so I don't complain a whole lot about that problem. The picture show place is something I couldn't remember. I almost knew it wasn't called the Arrowhead...but thought I would ask ...so thank you for letting me know the correct name.
Again thank you for the information.

 

[TOM BEYER]

From Journal of Forensic Sciences - Volume 50, Issue 5 (September 2005) - "Analysis of Non-Suspect Samples Lacking visually identifiable sperm using a Y-STR 10-Plex" -

"This study indicts that is possible to obtain a male STR profile even in the absence of visually identifiable spermatozoa."

I emphasize that the article regards "visually" as under a microscope. The sperm sample taken from Patty probably had the sperm denigrate from time, not due to lack of it from the perpetrator. DB fathered five children, so he was not lacking.

Question - Can a DNA profile be determine from a nearly 50 year old sample. I don't know yet, but the above article indicates that lack of spermazoa is not an excuse.