The state of New Mexico agreed to drop its pursuit of the death penalty against two defendants because the state legislature did not provide the money necessary for adequate representation of the defendants, who were accused of killing a prison guard. The trial of Reis Lopez and Robert Young will proceed as a non-capital murder prosecution. The prosecution’s decision was spurred by the trial court’s ruling barring the seeking of the death penalty because the legislature had adjourned without sufficiently funding the capital defense system. The state legislature finished its session in February and will not return until January 2009. A previous ruling had said the state legislature should allocate another $200,000 to the defense office after attorneys for the defendants complained about lack of money to meet their fees.

“There was no one in the legislature… to sponsor a bill to that effect,” Gail Chasey, a New Mexico lawmaker, explained. “We have declining revenues and have to balance our budget.”

She added that the lawmakers were “relieved” that they could go off until next year without having to deal with this “big ticket item”. New Mexico came close to abolishing the death penalty in 2005 and 2007.


The widow of the victim in the case had also asked the state not to pursue the death penalty.
(Adrianne Appel, “Court Says, ‘Pay Up - Or Let Live!’” IPS News Service, April 28, 2008). See Costs and Representation.