Post by KC on Jul 19, 2006 20:29:44 GMT -5
July 19, 2006 - FARMINGTON — Attorney Dennis Montoya said, in district court, his client Juan Mata, 33, videotaped and picketed a Farmington Police officer to air his grievances, a 12-person jury agreed.
Mata, of Farmington, was acquitted of stalking and harassing officer Mike Briseno after the jury deliberated for approximately two hours.
"I knew that the truth would prevail," Mata said following the verdict.
Montoya was also pleased with the verdict.
"We are very happy that once again the First Amendment is alive and well in San Juan County," he said.
The trial was the second for Mata, who was convicted Aug. 8, 2005 of harassment, stalking and criminal libel in Magistrate Court. That decision was appealed to District Court where Mata was acquitted Tuesday evening.
District Judge William Birdsall dropped the rare criminal libel charge April 4, deeming it "unconstitutional."
Briseno, an officer with Farmington Police for about four years, said he was disappointed the jury didn't agree that Mata harassed him.
"I don't think the jury heard the whole case," he said outside District Court, adding jurors were not allowed to hear "threats" Mata made against him.
William Cooke, who was appointed to the case as special prosecutor by District Attorney Lyndy Bennett, could not be reached for comment following the verdict.
Cooke is an attorney for the city of Farmington.
During court Tuesday, Briseno admitted to passing in front of Mata's Sycamore Street home "hundreds" of times, but said it was part of the department's patrol area.
Montoya asked Briseno whether Mata had ever passed by his home.
"I've never seen him drive by my house, no," the officer responded.
Briseno said patrols are a regular occurrence in the neighborhood because of gang activity, adding a San Juan County Sheriff's deputy was shot about a half-block from Mata's home.
The officer said his concerns grew as Mata petitioned and picketed him in front of the police station Oct. 28, 2004. As Mata's attempts to get the officer fired or disciplined "failed," Briseno said he thought Mata would harm his family.
Although Mata admitted to protesting outside the station, he said he never did anything more than sign a petition calling for an investigation into claims Briseno conducted illegal searches.
Mata said he signed the petition and picketed because he felt nothing was being done about the searches.
Cooke said further proof of Mata's harassment of the officer was evidenced in a Sept. 9, 2004 letter by former Mata attorney Ron Adamson.
The "indictment" letter charged Briseno with 11 felony counts, Cooke said.
However, Brandon Cummings, a contracted legal assistant to Adamson, Montoya and several local attorneys, said he wrote the letter based on a videotape submitted by Mata, who claimed Briseno was following him.
The letter was signed by Adamson, Cummings said.
"I didn't talk to Juan (Mata) at all before writing this letter," Cummings testified, adding that the purpose of the letter was to have an investigation opened into Mata's claims of harassment.
Capt. Doug Kennedy said Briseno was not one of the officers following Mata, adding Briseno was on vacation out of state at the time.
Briseno testified he and his family refrained from going out in public for fear of their safety.He said he would also light up dark areas outside his home after returning from his shift at 3:30 a.m.
"I'd continually be aware of my surroundings," Briseno said.
"It is not officer Briseno who has reasons to fear Juan Mata, it's Juan Mata that has reasons to fear officer Briseno," Montoya said during closing arguments.
Picketing the officer and signing a petition are protected under the U.S. Constitution, he said. Montoya added both actions were an attempt to get the police department to open an investigation into allegations Briseno was misusing his power.
"Most members of the public should feel free to do that much," Montoya said.
Two judges found Briseno to be "less than credible" in his testimony in two previous cases, Montoya said.
In 1999, former District Judge George Harrison sided with resident Teresa Ashcroft, who claimed Briseno searched her without permission. Again in Nov. 2000, a federal court found that Briseno didn't have the right to search Sam Pringle, Montoya said.
Briseno also lost a civil rights case against Farmington resident Chester Mitchell, who was awarded $500, Montoya said.
Briseno said it was the judges' "opinions" that he was not credible in those cases.
www.daily-times.com/news/ci_4068171
Mata, of Farmington, was acquitted of stalking and harassing officer Mike Briseno after the jury deliberated for approximately two hours.
"I knew that the truth would prevail," Mata said following the verdict.
Montoya was also pleased with the verdict.
"We are very happy that once again the First Amendment is alive and well in San Juan County," he said.
The trial was the second for Mata, who was convicted Aug. 8, 2005 of harassment, stalking and criminal libel in Magistrate Court. That decision was appealed to District Court where Mata was acquitted Tuesday evening.
District Judge William Birdsall dropped the rare criminal libel charge April 4, deeming it "unconstitutional."
Briseno, an officer with Farmington Police for about four years, said he was disappointed the jury didn't agree that Mata harassed him.
"I don't think the jury heard the whole case," he said outside District Court, adding jurors were not allowed to hear "threats" Mata made against him.
William Cooke, who was appointed to the case as special prosecutor by District Attorney Lyndy Bennett, could not be reached for comment following the verdict.
Cooke is an attorney for the city of Farmington.
During court Tuesday, Briseno admitted to passing in front of Mata's Sycamore Street home "hundreds" of times, but said it was part of the department's patrol area.
Montoya asked Briseno whether Mata had ever passed by his home.
"I've never seen him drive by my house, no," the officer responded.
Briseno said patrols are a regular occurrence in the neighborhood because of gang activity, adding a San Juan County Sheriff's deputy was shot about a half-block from Mata's home.
The officer said his concerns grew as Mata petitioned and picketed him in front of the police station Oct. 28, 2004. As Mata's attempts to get the officer fired or disciplined "failed," Briseno said he thought Mata would harm his family.
Although Mata admitted to protesting outside the station, he said he never did anything more than sign a petition calling for an investigation into claims Briseno conducted illegal searches.
Mata said he signed the petition and picketed because he felt nothing was being done about the searches.
Cooke said further proof of Mata's harassment of the officer was evidenced in a Sept. 9, 2004 letter by former Mata attorney Ron Adamson.
The "indictment" letter charged Briseno with 11 felony counts, Cooke said.
However, Brandon Cummings, a contracted legal assistant to Adamson, Montoya and several local attorneys, said he wrote the letter based on a videotape submitted by Mata, who claimed Briseno was following him.
The letter was signed by Adamson, Cummings said.
"I didn't talk to Juan (Mata) at all before writing this letter," Cummings testified, adding that the purpose of the letter was to have an investigation opened into Mata's claims of harassment.
Capt. Doug Kennedy said Briseno was not one of the officers following Mata, adding Briseno was on vacation out of state at the time.
Briseno testified he and his family refrained from going out in public for fear of their safety.He said he would also light up dark areas outside his home after returning from his shift at 3:30 a.m.
"I'd continually be aware of my surroundings," Briseno said.
"It is not officer Briseno who has reasons to fear Juan Mata, it's Juan Mata that has reasons to fear officer Briseno," Montoya said during closing arguments.
Picketing the officer and signing a petition are protected under the U.S. Constitution, he said. Montoya added both actions were an attempt to get the police department to open an investigation into allegations Briseno was misusing his power.
"Most members of the public should feel free to do that much," Montoya said.
Two judges found Briseno to be "less than credible" in his testimony in two previous cases, Montoya said.
In 1999, former District Judge George Harrison sided with resident Teresa Ashcroft, who claimed Briseno searched her without permission. Again in Nov. 2000, a federal court found that Briseno didn't have the right to search Sam Pringle, Montoya said.
Briseno also lost a civil rights case against Farmington resident Chester Mitchell, who was awarded $500, Montoya said.
Briseno said it was the judges' "opinions" that he was not credible in those cases.
www.daily-times.com/news/ci_4068171