Awful decision by Judge James A. Parker
Case: HIGGINS v. BACA, Case No. 11 CV 757 JAP/ACT (D. New Mexico, December 4, 2012)
Comments: I won’t attempt to summarize this one. I will say:
– I think there are bigtime issues of fact as to whether the alleged Confidential Informant (who would not appear in court) was reliable.
– I think assuming the credibility of the CI, while allowing him to forego not only cross examination, but even an in camera appearance, makes a mockery of justice.
– I think there are clearly issues of fact as to whether Santa Rosa officer Charles Baca routinely lies to the magistrate to get warrants.
– Fervently hope this nonsense is overturned on appeal.