Isleta Victims’ Bill of Rights

Victim's Bill of RightsReynaldo Montano is the Isleta Tribal Prosecutor.  He’s responsible for prosecuting criminal cases in Isleta. He also has a duty to ensure that his office and the Isleta Tribal Courts comply with the Isleta “Victim’s Bill of Rights”.

If you’re a victim of a crime in Isleta, you have the following rights: 

 

 

  1. To be treated with fairness, respect, and dignity and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.

  2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.

  3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.

  4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.

  5. To confer with the prosecution after the crime against the victim has been charged, or before any disposition of the case, and to be informed of the disposition.

  6. To read pre-sentence reports relating to the crime against the victim when they are made available to the defendant.

  7. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury.

  8. To be heard at any proceeding when any post-conviction release from confinement is being considered.

  9. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.

  10. The right to copies of any documents filed with the Court regarding the conviction, sentencing, imprisonment, escape or release of the accused.

  11. To have at least one support person present during any hearings.  Pueblo of Isleta Law & Order Code (POI CODE) §30-20-01(A).

Isleta law also states,

“[a] victim’s exercise or lack of exercising any right granted by this section shall not be grounds for dismissing a criminal proceeding or setting aside any conviction or sentence.” POI Code §30-20-01(B).

To ensure that the Tribe honors your rights, you must contact Mr. Montano to request that he protects your rights under the Isleta “Victim’s Bill of Rights”. You may contact Mr. Montano at the following:

Reynaldo Montano
Isleta Tribal Prosecutor
P.O. Box 699
Isleta, NM 87022
Phone: (505) 869-9713

Email: poi06081@isletapueblo.com

If you believe that your rights under the Isleta “Victim’s Bill of Rights” are not being honored, then you should contact Governor Eddie Paul Torres or the Isleta Tribal Council to express your concerns. You may also contact the Isleta Tribal Courts.

 

Now — you can find Isleta Pueblo Politics on Facebook.

By Christopher Abeita

2 Replies to “Isleta Victims’ Bill of Rights”

  1. Ray Montano is looking out for victims rights? Guess again! Montano allows legit cases to languish and his prosecution is selective…it depends upon the parties involved.

    I know for a FACT that Montano allowed the one year prosecution rule to run on of a legit case of assault and criminal trespass against Governor Torres and his son (Eddie Paul Torres, Jr). Yet the some set of criminal charge where Eddie Paul Torres, Jr. was considered an alleged victim was prosecuted with QUICKNESS. Moreover, the alleged suspect was arrested an held with a NO BOND HOLD!

    The crap the IPD, Montano, and the Isleta Tribal Court perpetrate on people’s constitutional rights – and right to due process – can be considered criminal.

    It’s just too bad the Isleta Tribal Council lacks the concern – political wherewithal – to establish a judicial review board and a police oversight commission. I’m sure the FBI and Civil Rights Division of DoJ might be inclined to investigate Isleta – considering all that has happened.

    1. The article that I posted simply explains that Reynaldo Montano, the Isleta Tribal Prosecutor, has a duty to ensure that the rights of victims are protected. Now, whether he’s actually performing his obligation is a different story. I don’t know whether he is or not.

      I posted the article because I don’t believe people are even aware that they have rights as victims. The Council can adopt all types of laws, ordinances or policies. But, they’re worthless, if no one knows about them or if no one is enforcing them.

      At a very minimum, the Isleta Tribal Court should be ensuring that the Isleta Police Department and/or the Prosecutor is taking action to inform victims that they have a “Victim’s Bill of Rights.”

What are your thoughts?