New Mexico v. Mascareno-Haidle (Published Opinion)Annotate this Case
Defendant-respondent Jesse Mascareno-Haidle was charged committing a series of burglaries of residential homes in Albuquerque. The State filed a motion for pretrial detention, and to support its motion, the State presented the investigating detective's criminal complaint-arrest warrant affidavit, the pretrial services public safety assessment (PSA) recommending that Defendant be released on his own recognizance, the results of a criminal history search pertaining to Defendant, and the register of actions in the case. At the hearing for the motion, "noticeably lacking" was any testimony from the detective and any argument that no conditions of release could protect the community from Defendant if he were released. The district court judge denied detention. The district court judge found “that the magnitude of the allegations are inherently dangerous” but “that the State has failed to prove by clear and convincing evidence that no release conditions will reasonably protect the safety of another person or the community.” The State filed a second motion for pretrial detention. As with the first motion, the State supported its second motion with the detective's second criminal complaint-arrest warrant affidavit, an updated pretrial services PSA that again recommended Defendant’s release on his own recognizance, the results of a criminal history search, and the register of actions in the case. An arrest warrant was issued, and Defendant was arrested at his home - his required location under the existing conditions of his release. At the conclusion of a second hearing on the State's motion, the district court again denied the motion. The New Mexico Supreme Court concurred with the district court that the State failed to meet its evidentiary burden to place defendant in pretrial detention, and affirmed the appellate court's affirmance of the district court.