NM Thieves Routinely Set Free

KRQE - Repeat criminals who burglarize homes, vehicles and businesses are slipping through the criminal justice system because of a gap in the law that forces prosecutors and judges to dismiss charges and let them go free, News 13 has learned. And as of now, very little can be done to keep them in jail. "They have a built-in get-out-jail-free card," Albuquerque Police Department Commander William Roseman told KRQE News 13. A man who appeared in court late last month is the perfect example. Terry Cooke, 43, is currently facing charges in a burglary case. It is the same charge he’s faced in more than a dozen separate cases since the year 2000, but the charges were dropped each and every time. The reason is always the same. Based on the analysis of medical professionals, judges have repeatedly found Cooke mentally incompetent to stand trial. "They let him go," Roseman said. "But they’re not putting him in a mental institution to try to keep him from committing these crimes."
According to legal experts, competence plays a key role in the criminal justice system. Defendants have to be able to understand the legal process and help their defense attorneys. If they’re found incompetent but are considered dangerous, a judge can send them to a mental facility for treatment. But if they’re not considered dangerous, like many burglars, the courts simply let them go. Read full story here: News New Mexico
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