GUILTY NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017

[Niner]

Hello - I shall be leaving on a Holiday to California!! And won't be around WS for at least 2 weeks (9/18 thru 10/2). So am going to post the hearing/trial that is coming up the following week while I am gone. Please keep 'good' notes while I'm gone! LOL! I will definitely be way behind on all my cases I'm following.... but will try & peek in mid-way thru my vacation.

Friday, Sept. 20th:
*Motions Hearing (re abuse & 7 counts charges) (@ 9am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Jordan Anthony Nuñez (19) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
Trial set to begin 11/13/19 to 12/4/19 (abuse charges)
Court information from 8/10/18 thru 4/22/19 reference post #51 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
8/23/19 Update: Next motions hearing on 8/29. Docket call hearing on 9/16. Status conference hearing on 10/15 @ 9am. Jury selection will start on 11/12 @ 8:30am, and trial is set for 11/13 through 12/4/19 @ 9am.
8/29/19 Update: Abuse: Next Docket Call hearing on 9/16. 9/16/19: Next Motions hearing on 9/20.
*Charged (8/5/19) with criminal damage to property. No plea has been entered yet.
8/5/19 Update: Has been now charged with Criminal Damage to property. Found probable cause, preliminary exam hearing on 8/28. 8/28/19: Demand for speedy trial. Defense Motion for Discovery. No court date yet as of 9/17.
*Grand Jury Indicted & charged (8/30/19) with 7 additional counts of child abuse.
9/16/19 Update: Next Motions hearing on 9/20.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.

 

[Niner]

Defense aims to block mother’s testimony about Jeremiah Valencia’s death


ALBUQUERQUE, N.M. (KRQE) Attorney’s are trying to block a mother’s testimony about the murder of her son.

The Albuquerque Journal reports that the attorney for Jordan Nunez, the man charged in the death of Jeremiah Valencia is asking that Tracy Pena, Valencia’s mom, not be allowed to testify at trial.

Pena is a key witness in the case against Nunez. She has already taken a plea deal for charges relating to her son’s death. The boy was allegedly abused in his Nambe home by Nunez and his mother’s boyfriend.

 

[Niner]

Update in red. Nothing updated in court site for hearing on 9/27.

Friday, Sept. 20th:
*Motions Hearing (re abuse & 7 counts charges) (@ 1pm MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Jordan Anthony Nuñez (19) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
Trial set to begin 11/13/19 to 12/4/19 (abuse charges)
Court information from 8/10/18 thru 4/22/19 reference post #51 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
8/23/19 Update: Next motions hearing on 8/29. Docket call hearing on 9/16. Status conference hearing on 10/15 @ 9am. Jury selection will start on 11/12 @ 8:30am, and trial is set for 11/13 through 12/4/19 @ 9am.
8/29/19 Update: Abuse: Next Docket Call hearing on 9/16. 9/16/19: Next Motions hearing on 9/20.
9/20/19 Update: Defense trying to block Pena’s testimony against Nunez. Motion hearing on 9/27.
*Charged (8/5/19) with criminal damage to property. No plea has been entered yet.
8/5/19 Update: Has been now charged with Criminal Damage to property. Found probable cause, preliminary exam hearing on 8/28. 8/28/19: Demand for speedy trial. Defense Motion for Discovery. No court date yet as of 10/4.
*Grand Jury Indicted & charged (8/30/19) with 7 additional counts of child abuse.
9/16/19 Update: Next Motions hearing on 9/20.
9/20/19 Update: Motion hearing on 9/27.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.

 

[Niner]

Event Date Event Description Event Result Party Type Party # Amount
09/30/2019 STIPULATION
Written Stipulations for Jury Trial

09/27/2019 RESPONSE
Response to State's Expedited Motion to Compel the Defendant to Submit to an Evaluation by the State's Expert

09/26/2019 REPLY
State's Reply to Defendant's Response to State's Expedited Motion to Extend the Court's Deadline and Motion to Continue Jury Trial Set November 12, 2019 - December 4, 2019
09/26/2019 MTN: MOTION P 1
Motion to Exclude Testimony of Dr. Oliver for Discovery Violations, Irrelevance and Cumulativeness or in the Alternative to Limit Testimony and Impose Sanctions
09/26/2019 MTN: TO COMPEL D 1
Motion to Compel Election Between or Consolidate Counts 2, 8, and 10 and Counts 3, 5, 7, 9, 11, and 12 and Dismiss the Surplus Counts

09/24/2019 SUPPLEMENTAL INFORMATION
State's Supplement To The September 23, 2019 Motion To Exclude Evidence And Expert Testimony Of Defendant's Incapacity To Form Specific Intent
09/24/2019 MTN: MOTION
Amended Motion to Exclude Evidence and Expert Testimony of Defendant's Incapcity to Form Specific Intent

09/23/2019 MTN: MOTION
Motion to Exclude Evidence and Expert Testimony of Defendant's Incapacity to Form Specific Intent
09/23/2019 ORD: ORDER
Order (on Motion)
09/23/2019 NTC: NOTICE
Withdrawal of Notice of Incapacity to Form Specific Intent
09/23/2019 MTN: TO COMPEL
Defendants Motion to Compel and Motion for Sanctions

link: Stale Session

 

[Niner]

I have a Status hearing on 10/15 listed.

 

[Niner]

updates on court site:

7 counts of abuse:

Event Date Event Description Event Result Party Type Party # Amount
10/04/2019 ORD: OF CONTINUANCE
Order Granting The States Request For Continuance Of Jury Trial Set November 12, 2019 - December 4, 2019 And Order Suspending Deadlines

09/27/2019 RESPONSE
Response to State's Expedited Motion to Compel the Defendant to Submit to an Evaluation by the State's Expert
09/27/2019 MTN: TO DISMISS
Motion to Dismiss Indictment

link: Stale Session


Death of child:

Event Date Event Description Event Result Party Type Party # Amount
10/04/2019 ORD: OF CONTINUANCE
Order Granting The States Request For Continuance Of Jury Trial Set November 12, 209 - December 4, 2019 And Order Suspending Deadlines

09/30/2019 STIPULATION
Written Stipulations for Jury Trial

link: Stale Session

 

[Niner]

Tuesday, October 15th:
*Status Hearing (re abuse & 7 counts charges) (@ 9am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Jordan Anthony Nuñez (19) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
Trial was set to begin on 11/13/19 to 12/4/19 (death of child & abuse charges)-Continuance granted.
Court information from 8/10/18 thru 4/22/19 reference post #51 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
8/23/19 Update: Next motions hearing on 8/29. Docket call hearing on 9/16. Status conference hearing on 10/15 @ 9am. Jury selection will start on 11/12 @ 8:30am, and trial is set for 11/13 through 12/4/19 @ 9am.
8/29/19 Update: Abuse: Next Docket Call hearing on 9/16. 9/16/19: Next Motions hearing on 9/20. 9/20/19: Defense trying to block Pena’s testimony against Nunez. Motion hearing on 9/27.
9/27/19 Update: Defense motion to continue trial & State’s response filed. 10/4/19: Motion for trial continuance-granted. Next Status conference hearing on 10/15.
*Charged (8/5/19) with criminal damage to property. No plea has been entered yet.
8/5/19 Update: Has been now charged with Criminal Damage to property. Found probable cause, preliminary exam hearing on 8/28. 8/28/19: Demand for speedy trial. Defense Motion for Discovery.
10/7/19: Dismissed without prejudice.
*Grand Jury Indicted & charged (8/30/19) with 7 additional counts of child abuse.
9/16/19 Update: Next Motions hearing on 9/20. 9/20/19: Motion hearing on 9/27.
9/27/19 Update: Defense motion to continue trial & State’s response filed. 10/4/19: Motion for trial continuance-granted. Next Status conference hearing on 10/15.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.

 

[Niner]

DA drops some lesser charges against Jordan Nunez


SANTA FE — The Santa Fe District Attorney’s Office dismissed several charges against a man accused of killing a boy who was kept locked in a cage nearly two years ago.

Last week, seven tampering with evidence and conspiracy to tamper with evidence charges were dropped against 21-year-old Jordan Nunez. He’s charged with killing 13-year-old Jeremiah Valencia at their family home in Nambé in November 2017. None of eight child abuse charges that Nunez faces were dismissed.
[.....]
District Attorney spokesman Henry Varela said in an email that the dropped counts would be merged into the five other tampering with evidence and conspiracy charges Nunez is facing.
[.....]
The three tampering with evidence charges that were dropped include allegations that Nunez moved Jeremiah’s body from the home and into a garage, moved “things” from the house and into an off-site storage facility and tried to remove blood from Jeremiah’s body, according to an indictment.
[......]
......Nunez is scheduled to go to trial in March.

 

[Niner]

I'm going to post the updates (in red) so I can shorten this up a bit.

Wednesday, October 15th:
*Status Hearing (re abuse & 7 counts charges) (@ 9am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Jordan Anthony Nuñez (19) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
Trial was set to begin on 11/13/19 to 12/4/19 (death of child & abuse charges)-Continuance granted. Trial set for 3/30/20.
Court information from 8/10/18 thru 4/22/19 reference post #51 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
8/23/19 Update: Next motions hearing on 8/29. Docket call hearing on 9/16. Status conference hearing on 10/15 @ 9am. Jury selection will start on 11/12 @ 8:30am, and trial is set for 11/13 through 12/4/19 @ 9am.
8/29/19 Update: Abuse: Next Docket Call hearing on 9/16. 9/16/19: Next Motions hearing on 9/20. 9/20/19: Defense trying to block Pena’s testimony against Nunez. Motion hearing on 9/27.
9/27/19 Update: Defense motion to continue trial & State’s response filed. 10/4/19: Motion for trial continuance-granted. Next Status conference hearing on 10/15. Motion to dismiss counts 2 thru 7 & count 12.
10/15/19 Update: DA has dismissed the 7 (of the 11) counts of tampering with evidence & conspiracy of tampering evidence charges (counts 2 thru 7 & count 12). Trial is set for March, 30, 2020.
*Charged (8/5/19) with criminal damage to property. No plea has been entered yet.
8/5/19 Update: Has been now charged with Criminal Damage to property. Found probable cause, preliminary exam hearing on 8/28. 8/28/19: Demand for speedy trial. Defense Motion for Discovery.
10/7/19: Dismissed without prejudice.
*Grand Jury Indicted & charged (8/30/19) with 7 additional counts of child abuse.
9/16/19 Update: Next Motions hearing on 9/20. 9/20/19: Motion hearing on 9/27.
9/27/19 Update: Defense motion to continue trial & State’s response filed. 10/4/19: Motion for trial continuance-granted. Next Status conference hearing on 10/15.
10/15/19 Update: Nunez had 7 of the 11 counts of tampering with evidence & conspiracy of tampering evidence charges dismissed in the 1st section of charges (#00230) of 1/29/18. Trial to start in March 30, 2020.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.

 

[Niner]

Judge rejects personality disorder tests for man charged in teen's beating death

Feb 19, 2020 Updated Feb 20, 2020

A District Court judge on Wednesday rejected three psychological tests that prosecutors had proposed for a man charged in the 2017 beating death of 13-year-old Jeremiah Valencia.

Judge Matthew Wilson said allowing three of a panel of proposed behavioral health tests would open “the door to a broad spectrum of testing” and violate 21-year-old Jordan Anthony Nuñez’s Fifth Amendment rights.



That's ALL I can see on this article - can anyone else get into this? Need to sign up to read it.

Just checked the court site - sorry I missed a bunch of hearings on this....
I'll post that in a sec, need to make dinner first!

 

[Niner]

Docket:

Event Date Event Description Event Result Party Type Party # Amount
02/19/2020 ORD: TO SEAL
Order Allowing the Filing of Certain Pleadings Under Seal
02/19/2020 SEALED DOCUMENT P 1
State's Response to Jordan Nunez'z Objection to State's Proposed Testing
02/17/2020 SEALED DOCUMENT
Defendant Jordan Numez's Objection To State's Proposed Testing
02/17/2020 ORD: EXTENDING TIME
Stipulated Order Extending the Deadline for Reponses to Motions in Limine and Substantive Motions to February 21, 2020
02/14/2020 ORD: ORDER
Order Requiring the State to Respond to the Defendant's Objections
02/13/2020 MTN: MOTION P 1
Unopposed Motion to Secure Out of State Witness for Jury Trial
02/13/2020 SEALED DOCUMENT
Sealed Motion To Exclude Ferguson Suicide Letter
02/13/2020 CERTIFICATE
Certificate of Court to Secure Out-of-State Witness, Amory Valle, for Jury Trial
02/10/2020 MTN: MOTION D 1
Motion to Exclude Improper Lay Opinions Offered as Summaries Under Rule 11-1006 NMRA
02/10/2020 MTN: MOTION D 1
Motion to Exclude Evidence of Purported Gang Membership
02/10/2020 MTN: MOTION D 1
Motion to Exclude Propensity Evidence
02/10/2020 MTN: IN LIMINE P 1
Motion in Limine to Limit Impeachment of Tracy Pena to Convicted Prior Felonies and Crimes of Untruthfulness
02/10/2020 MTN: IN LIMINE P 1
Motion in Limine to Exclude the Range of Penalties of the Criminal Charges in Tracy Pena's Plea and Disposition Agreement
02/10/2020 MTN: MOTION P 1
State's Motion to Exclude and Limit Witnesses and Evidence
02/10/2020 MTN: MOTION P 1
State's Motion to Exclude Witnesses and Evidence of Thomas Ferguson's Prior Acts
02/10/2020 NTC: OF INTENT P 1
State's Renewed Notice of Intent to Use to Use Summaries, Charts or Calculations Pursuant to Rule 11-1006
02/10/2020 NTC: OF INTENT P 1
State's Amended Notice of Intent to Use Evidence of Other Crimes, Wrongs or Acts Pursuant to Rule 11-404(B)
02/07/2020 NTC: NOTICE D 1
Notice of Compliance with Court Order
02/04/2020 ORD: ORDER GRANTING
Order Granting State's Motion to Compel in Part
02/03/2020 ORD: ORDER
Order Regarding Special Juror Questionnaire
01/31/2020 MTN: MOTION P 1
State's Motion to Clarify, Limt or Exclude Defense Theories
01/31/2020 MTN: MOTION P 1
State's Motion to Exclude CYFD Records
01/30/2020 ORD: STIPULATED
Stipulated Order Extending February 3, 2020 Deadline for Motions in Limine and Jury Instructions
01/30/2020 ORD: Order to Exceed Page Limit
Order for Permission to Exceed Page Limits
01/28/2020 MTN: MOTION P 1
Motion to Amend the Grand Jury Indictment
01/28/2020 MTN: MOTION P 1
States Motion for Permission to File a Motion that Exceeds Page Limit of Ten (10) Pages
01/28/2020 MTN: MOTION/ PETITION TO EXTEND TIME P 1
Stipulated Motion to Extend the February 3 2020 Deadline for Motions in Limine and Jury Instructions
01/27/2020 NTC: NOTICE D 1
Notice of Submission of Hearing Exhibits
01/22/2020 NTC: HEARING (MOTION)
Amended Notice of Hearing - parties to appear on January 31, 2020 at 3:30 p.m. - Matter: Motion to Compel Defendant to Submit to Evaluation by State's Expert; Issues Regarding Special Jury Questionnaire
01/21/2020 NTC: NOTICE D 1
Notice of Withdrawal of Unopposed Motion to Reset January 31, 2020 Hearing
01/13/2020 MTN: FOR CONTINUANCE D 1
Unopposed Motion to Reset January 31, 2020, Hearing
01/13/2020 MTN: FOR CONTINUANCE D 1
Unopposed Motion to Reset January 31, 2020, Hearing
01/10/2020 RESPONSE P 1
State's Reply to Defendant's Response to State's Motion to Compel a Psychological Examination of the Defendant
01/07/2020 ORD: ORDER
Order Approving Supplemental Juror Questionnaire
01/06/2020 WITNESS LIST P 1
Seventh Supplemental State's Witness List
01/06/2020 NTC: HEARING
Notice of Hearing - parties to appear on January 31, 2020 at 3:30 p.m. - Matter: Motion to Compel Defendant to Submit to Evaluation by State's Expert


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/30/2020 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/23/2020 1:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/13/2020 4:30 PM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/02/2020 1:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

02/19/2020 1:30 PM OBJECTION(S) HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

02/14/2020 4:30 PM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

01/31/2020 3:30 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

01/06/2020 8:30 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/20/2019 8:30 AM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session

 

[LietKynes]

Judge rejects personality disorder tests for man charged in teen's beating death

Feb 19, 2020 Updated Feb 20, 2020

A District Court judge on Wednesday rejected three psychological tests that prosecutors had proposed for a man charged in the 2017 beating death of 13-year-old Jeremiah Valencia.

Judge Matthew Wilson said allowing three of a panel of proposed behavioral health tests would open “the door to a broad spectrum of testing” and violate 21-year-old Jordan Anthony Nuñez’s Fifth Amendment rights.



That's ALL I can see on this article - can anyone else get into this? Need to sign up to read it.

Just checked the court site - sorry I missed a bunch of hearings on this....
I'll post that in a sec, need to make dinner first!

Judge rejects personality disorder tests for man charged in teen's beating death | Local News | santafenewmexican.com


"...Prosecutors said the remainder of the testing would be performed at the end of the month.
Nuñez, who was 19 at the time of the killing, is accused of helping his father, Thomas Wayne Ferguson, fatally beat the boy at a home in Nambé while Jeremiah’s mother was incarcerated.
After Ferguson took his own life in the Santa Fe County jail in April 2018, prosecutors shifted their focus to Nuñez.
He is charged with intentional child abuse resulting in death, tampering with evidence and conspiracy. Jury selection for his trial is scheduled March 30.
Theresa Duncan, an attorney for Nuñez, said he underwent an examination by two experts to determine if he suffered from post-traumatic stress disorder and whether abuse he suffered as a child affected his cognitive functioning as an adult.
In January, Wilson ruled Nuñez also would have to submit to a rebuttal examination by an expert selected by prosecutors.
But Duncan argued the state’s proposed slate of exams, filed under seal Monday, included three tests for diagnosing personality disorders. This could lead to “a highly prejudicial” personality disorder diagnosis, she said.
Deputy District Attorney Jennifer Padgett Macias said the state intended to conduct “a comprehensive psychological evaluation.”..."


Imo; it's necessary to point out that others have suffered as children and went on to become capable, compassionate adults who never harmed anyone.

After all, we don't want to violate the killer's 'rights'.


Jeremiah suffered unspeakably.
Disgusting when the justice system coddles the criminal.

 

[Niner]

Thank you for the synopsis on that article @LietKynes - much appreciated.

 

[Niner]

Monday, March 2nd:
*Status Hearing (all charges) (@ 1pm MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018 in northern NM; been tortured for years; forced to live in dog kennel) – for *Jordan Anthony Nuñez (19/now 20) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 4 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Charged & indicted (8/30/19) with 7 additional counts of child abuse. Charges (Counts 2 thru 7 & count 12) were dismissed on 10/15/19. Plead not guilty. Held without bond.
Trial set for 3/30/20 with jury selection.
Court information from 8/10/18 thru 10/7/19 reference post #69 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
10/15/19 Update: DA has dismissed the 7 (of the 11) counts of tampering with evidence & conspiracy of tampering evidence charges (counts 2 thru 7 & count 12). Trial is set for March, 30, 2020. Next Motions hearing on 3/2 & 3/23. 11/20/19 Update: District Judge Matthew Wilson on Wednesday rejected a motion from Nuñez’s attorneys to exclude a key witness (Tracy Pena) from testifying at his upcoming trial.
1/13/20 Update: Motions hearing continued to 1/22/20. Motion to compel defendant to submit to evaluation with State’s expert. Issues with special jury questionnaire. 1/28/20: Motion to extend time-stipulated. 2/4/20: Motion to compel-granted. 2/10/20 State’s motion to exclude witnesses & evident of Ferguson’s prior acts. Next Status hearing on 3/2 & 3/13. Motions hearing on 3/23 & jury selection begins on 3/30/20. 2/19/20: A District Court judge on Wednesday rejected three psychological tests that prosecutors had proposed saying it would violate Nunez 5th Amendment rights.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.

 

[Niner]

Docket:
Event Date Event Description Event Result Party Type Party # Amount
03/03/2020 SUBPOENA RETURNED IT 1
Subpoena Returned served on 02-28-2020
03/02/2020 REQUEST FOR COPY OF TAPES/CD/AUDIO P 1
Expedited Hearing Tape Request - 1:00:39-1:35:58 1 CD Audio 3/3/20 dnb
03/02/2020 ORD: TO TRANSPORT
Sealed Ex Parte Motion and Order for Transport
03/02/2020 NTC: HEARING
Notice of Hearing - parties to appear on March 20, 2020 at 1:00 pm - Matter: Opposed Motion to Reconsider, or in the Alternative, Exclude Expert Testimony for Critically Flawed Methodology; in Addition to Other Motions as Previosuly Scheduled


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/30/2020 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/23/2020 1:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/20/2020 1:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/13/2020 4:30 PM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session

 

[Niner]

Friday, March 13th:
*Status Hearing (all charges) (@ 4:30pm MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018 in northern NM; been tortured for years; forced to live in dog kennel) – for *Jordan Anthony Nuñez (19/now 20) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 4 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Charged & indicted (8/30/19) with 7 additional counts of child abuse. Charges (Counts 2 thru 7 & count 12) were dismissed on 10/15/19. Plead not guilty. Held without bond.
Trial set for 3/30/20 with jury selection.
Court information from 8/10/18 thru 10/7/19 reference post #69 here:
NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
10/15/19 Update: DA has dismissed the 7 (of the 11) counts of tampering with evidence & conspiracy of tampering evidence charges (counts 2 thru 7 & count 12). Trial is set for March, 30, 2020. Next Motions hearing on 3/2 & 3/23. 11/20/19 Update: District Judge Matthew Wilson on Wednesday rejected a motion from Nuñez’s attorneys to exclude a key witness (Tracy Pena) from testifying at his upcoming trial.
1/13/20 Update: Motions hearing continued to 1/22/20. Motion to compel defendant to submit to evaluation with State’s expert. Issues with special jury questionnaire. 1/28/20: Motion to extend time-stipulated. 2/4/20: Motion to compel-granted. 2/10/20 State’s motion to exclude witnesses & evident of Ferguson’s prior acts. Next Status hearing on 3/2 & 3/13. Motions hearing on 3/23 & jury selection begins on 3/30/20. 2/19/20: A District Court judge on Wednesday rejected three psychological tests that prosecutors had proposed saying it would violate Nunez 5th Amendment rights.
3/2/20 Update: Status hearing was cancelled. Next Status hearing on 3/13, then 3/20.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Will testify against Nunez.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.

 

[Niner]

Docket:
Event Date Event Description Event Result Party Type Party # Amount
03/13/2020 SEALED DOCUMENT
Sealed Reply to State's Response to Defendant's Objection to the Introduction of Thomas Ferguson's Suicide Letter

03/13/2020 ORD: ORDER GRANTING
Order Granting Request to File Pleading Under Seal


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/30/2020 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/23/2020 1:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/20/2020 1:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/13/2020 4:30 PM STATUS HEARING/ CONF. Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session

 

[Niner]

Dockets:
Event Date Event Description Event Result Party Type Party # Amount
03/17/2020 MTN: for Furlough or Temporary Release D 1
Supplement To Emergency Motion For Furlough For Defendant To Attend His Sister's Funeral

03/16/2020 ORD: ORDER DENYING
Order on Defendant's Emergency Motion for Furlough for Defendant to Attend His Sister's Funeral

03/16/2020 MTN: for Furlough or Temporary Release D 1
Emergency Motion for Furlough for Defendant to Attend His Sisters Funeral

03/16/2020 MTN: MOTION D 1
Emergency Motion For Order To Transport

link: Stale Session


no change on court dates - still have 3/20 on going.

 

[Niner]

Looks like he changed his plea...

Docket:
Event Date Event Description Event Result Party Type Party # Amount
03/18/2020 ORD: ORDER GRANTING
Order Granting Stipulated Motion to Vacate Setting and Set Plea Hearing

03/18/2020 MTN: TO VACATE P 1
Stipulated Motion to Vacate Settings and Set Plea Hearing


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/26/2020 8:30 AM HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/23/2020 1:00 PM MOTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

03/20/2020 1:00 PM CHANGE OF PLEA HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session

 

[watergirl62]

dbm