08/08/2017 PRI 15:92 FAK === Clovis DA ck Line anoson6 08-04-17; 03:59PM; DA-Fortales 1575-956-480 ev 6 STATE OF NEW MEXICO COUNTY OF ROOSEVELT IN THE NINTH JUDICIAL DISTRICT COURT ITAUG -4 PH 3:29 ‘STATE'OF NEW MEXICO ba, ss - Os Hoke « seat ha egal MARY TAYLOR D-911-LR-2017-00003 D-911-CR-2017-00118 ORDER DENYING STATE'S MOTION FOR PRETRIAL DETENTION DEI )F RELEASE, ‘ ‘THIS MATTER came before the Court on the State's Motion for Pratial Detention Hearing, filed July 27, 2017 and heard August 3, 2017, The State was represented by District Attomey, Andrea Reeb. Defendants were present and represented by Tye C. Harmon, The Court having reviewed the Pleadings, exhibits, testimony, arguments of counsel, the law, and being otherwise fully advised hereby FINDS and ORDERS as follows: 1, Defendant Sandi Taylor is charged in D-911-CR-2017-117 with Abuse of a Child Resulting in Death, a first degree felony, and Abuse of a Child, Resulting in Great Bodily Harm, a first depree felony. 2. Defendant Mary Taylor is charged in D-911-CR-2017-118 with Abuse of @ Child Resulting in Death, a first degree felony, and Abuse of a Child, Resulting in Great Bodily Harm, a first degres felony. 3. Probable cause was found for the arrest of Defendants on July 25, 2017, 4, This case was indicted following the hearing on August 3, 2017, and this Order will be filed in the District Court Cause Numbers as well. 5. Athearing, the Court heard testimony fiom Portales Police Officer Amador Lujan, Portales Police Detective Sergennt Nate Hyde, Victim Advocate Christy Kineade, Erika Tafoya,08/04/2017 PRE 15:02 FAK += Clovis OA Back Line wgno2r006 06-04-17; 03:53PM; DA-Portales 7 575-356-4890 Mother of Maliayh Jones, deceased, Rosella Galvan, Tafoya’s Aunt, and Pasty Dodge, sister to Mary Taylor and Aunt to Sand! Taylor. 6. Lapel/body camera footage was admitted at hearing from Officer Amador Lujan (State's 2) and Andrew Olivas (State's 1). 7. Defendants operated Taylor Tots Daycare, witere Jones and Loya were placed. 8. On July 25, 2017, Jones and Loya were left in a black SUV at the Daycare unattended, ‘Temperatures on that day were raported at 91°. 9. Jones died and Loya has sustained injuries which include brain damage, according to testimony. 10. Testimony elicited inconsistencies in statements regarding the length of time the chiléren were leit in the car. 11, Officer Lujan testifled EMS was initially dispatched regarding 2-children having seizures. 12, Defendants have no criminal history outside of these offenses. 13, Defendants have significant ties to the community, 14, CYFD hes revoked the daycare license for Taylor Tots, 15. Defendants face a minimum, mandatory, sentence of 18-years on each count. See §31-18- 15, NMSA. ANALYSIS 16, The State raises its motion pursuant to Article I, Section 13 of the New Mexico Constitution, which provides that “[b]ail may be denied by a court of record pending trial for a defendant charged with a felony if the prosecuting authority requests a hearing and proves by clear and convincing evidence that no release conditions will reasonably protect, the safety of any other person or the community.” : ue06/04/2017 PRE 15:02 FAX ++= Clovis DA Back Line (g003/008 (08-04-17; 03.5FU DA-Portales 1875-256-4930 17. The State's burden of clear and convincing evidence is much higher than the evidence needed to establish probable cause and is the exact same burden the Stare has to prevail in terminating s person’s parental rights. In.re Texmingtion of Parental Rights of Eventve J., 1995-NMCA-087, J 2, 120 NM. 463, 902 P.2d 1066, 18. “For evidence to be clear and convincing, it must instantly tlt the scales in the affirmative when weighed against the evidence in opposition and the fact inder's ming is left with an abiding conviction that the evidence is true.” In re Adoption of Doe, 1984-NMSC-024, 19, 100 N.M. 764, 676 P.2d 1329 (citation omitted). 19. In the absence of showing clear and convincing evidence, as noted above, or where a Defendant is charged with a capital offense, the general rule remains that “[a]ll persons shall, before conviction, be boilable by sufficient sureties.J” N.M. Const art. I, § 13, 20. While the Court recognizes the seriousness of the charges against Defendants, the Court also recognizes the fundamental nature of the presumption of innocence. 21. Furthermore, “[n]either the Constitution nor our rules of criminal procedure permit a judge to base a pretrial release decision solely on the severity of the charged offense.” State v, Brown, 2014-NMSC-038, 52. CONCLUSION 22, The evidence presented by the State did not establish by clear and convincing evidence that the Defendants pose a threat to the safety of any other person or the community and that NO release conditions would protect the community. In this regard, the State failed 10 establish that no other conditions could be fashioned. 23, ‘The Court must next consider what conditions are appropriate. Sag Rule 5-401 ey é08/04/2017 PRE 15:02 Fax +++ Clovis DA sack Line (anoasoos (08-04-17; 03:53PM) Da-Portales 1875-286-4930 aus 24, The nature and circumstances of these offenses are grievous and serious, The incident resulted in the brutal death of one and the brutal injury of another child. ~~» 25.~The.weightof evidence against the defendams appears strongy---~- seo — ~~ : 26. Defendants have no criminal histories, strong family ties to the community, and have established residences, 27. There is no indication of Might to avoid prosecution. Defendants have not failed to appear, and have no passports. No testimony established that Defendants have indicated any desire or plan to flee 28. The evidence presented of Sendi Taylor's potential “anxiety” issue is not sufficient to justify pretrial detention. 29. The nature and circumstances of these offense, the potential minimum sentence, coupled with the testimony lead the Court to believe that o surety, percentage, or cash bond is appropriate. 30. Defendants shall be eligible to post a $100,000.00 cash/surety/10% bond and be released pending trial 31, Defendants shall have strict conditions of release as outlined in the attached Order Setting Conditions of Release, There are special additional conditions which include: © No contact with anyone who may testify in the case, including the parents of other children who were at the daycare. ‘© No babysitting, daycare, or other care for any children. (Sandi Taylor may care only for her own child). IT IS SO ORDERED. Dated: August 4, 2017. District Court Judge 408/04/2017 PAE 15102 PAX +++ Clovis OA Back Line (a003 7006 08-04-17:03:53PM: DA-Fortaies 1875-286-4990 *o 8 STATE OF NEW MEXICO COUNTY OF ROOSEVELT NINTH JUDICIAL COURT STATE OF NEW MEXICO Me Period Rare kaiecnaaes egos NO ETO TONS eae MARY TAYLOR Defendant, ORDER SETTING CONDITIONS OF RELEASE Release on recognizance or unsecured bond: It is ordered that the defendant be released from custody upon: (check and complete applteable alrarnatives) { ] Personal recognizance. [ ] Unsecured appearance bond of $ { 1 Third-party custody release to: (ndividea! or organization) WWe agree to supervise the defendant; to use every effort to assure the defendent's appearance at all scheduled ‘hearings; and to notify the court immediately in the event that the defendant violates any conditions of relesse. jature of Custor ‘Address ityzip) ‘Area Code/Telephone # Defendant's conditions of rele: ‘The court FINDS that the following conditions of release are the least restrictive conditions necessary to reasonably assure the appearance of the defendant as required and the safety of any other person and the community. The defendant shall not violate any federal, state, of local crimainal law and shell: (complete and check anly applicable conditions prior to signature by defendant) [¥] not possess firearms or dangerous weepons: [1 not etum to the location of the alleged incident; [4] notconsume alcohol; £41 not buy, sell, consume, or possess illegal drugs; (¥] notify the court of any change of address; [1 not leave the Ninth Judicial Diatriot without priar permission of the court; [¥] maintain contact withthe defendant's attomey/scek and consult with an attorney, [1 avoid all contact withthe elleged victim or anyone who may testify in this ca; including parents ofthe other children atthe dayeare (] have an ignition Interlock device inetalled on any veicte the defendant may drive; ({_] camera capable ignition Interlock device); { ] boon pretrial supervision and abide by al! conditions set by the court and by pretrial sarviews; (1) resideat (address) unless otherwise agreed to by the court; { ] submit to drug or aloohol testing upon the request of { ] not leave the defendant’ residence between the hours of pm and aim, without prior permission ofthe court [] maintain employment, or, if unemployed, actively seek employment; { ]_ maintain or commence an eduestional program; (%1 (other conditions) no babysitting, daycare, or other care for any children. (Sandi Taylor may enre for only her own child).08/0/2017 PRI 15:03 PAK +++ Clovie DA Back 1ine aaneson6 08-04-17 02: 83M: DA-Fortales 1875+386-4930, eo 6 Release on secured bond: [7] The court FINDS that release on non-monetary conditions will not reasonably assure the appearance of the defendant. In making this determination, the court finds the following panicularized factors require imposition of a secured bond in the amount set forth below: ‘+ _ Potential minimum sentence is great, ‘Nature and circumstances of the offense. Secured bond of $100,000.00, secured by: (71 cash at 10% of toa! bond. {] reel property bond executed on Form 9-304 NMRA. [7] sither 100% cash or a surety bond executed on Form 9-304 NMRA. Defendant's acceptance of conditions and promise to appear: 1 understand the above conditions of release and agree to them, 1 understand that the court may have me arrested at any time, without notice, to review and reconsider these conditions. 1 understand thet my conditions of release may be revoked and I may be charged with a separate criminal offense if intienidate or threaten a witness, the victim, or an informant, of if oterwise obstruct justice. | farther understand that my conditions of release may be revoked if] violate a federa, stot, of local criminal law. 1 agree to appear before the court on August 16, 2017, at 9:00 A.M. for ARRAIGNMENT, located at Distriet Court, Roosevelt County and thereafter at such times and placcs required in this case by any court | understand, that if fail to appear as required, my bond, if any, may be forfelted, and { may be prosecuted and sent to [ail] (the penitentiary] for the separate offense of failure to appear. 1 agree to comply fully with each of the conditions imposed on my release and to notify the court promptly in the event I change the address indicated below, Defendant’ssignawre ~—~—=~=~=*«éi iat signature Date of release Time of release Cell phone number ‘Altemate phone number Email address ‘Mailing address (Include city, state, and zip code) Physical address (include city, state, and zip code) Judieial approval of conditions: