Judge in hazing case steps down

LAS VEGAS, N.M. (KRQE) - The presiding judge in the Robertson High School hazing case removed himself from the proceedings Tuesday after defense lawyers questioned whether he had already decided the guilt of their clients.

Six members of the Las Vegas Robertson football team were charged with rape, attempted rape and kidnapping from the hazings of younger players investigators said occurred during a preseason training camp in August.

Two of the accused teens already made plea deals and have been sentenced by District Judge James Hall.

Comments Hall made during the sentencing hearings prompted lawyers for the remaining defendants to ask him to step aside.

The attorneys said Hall's comments sent a message that he believed all the dependents are guilty.

Michael Gallegos, Steven Garcia, Lucas Martinez and Marcus Gallegos have denied guilt in the case will go on trial although in front of a different judge.

However Hall said he is not stepping down because he couldn't be fair.

"I think it would be difficult for any of the lawyers here to find another judge that has a stronger belief in that concept of presumption of innocence," he said. "In light of the way my comments were reported, I conclude that a reasonable person might question my impartiality as the manner goes forward was to the four remaining respondents."

Prosecutor Henry Valdez said he didn't think the circumstances were such that Hall needed to recuse himself.

"Then again each judge has to decide on his own or her own whether they felt it raised that level of appearance of impropriety," Valdez said.

Defense attorney Billy Blackburn said, "I believe he made the right decision," defense attorney Billy Blackburn said. "Now we will wait and see who the next judge is."

The state Supreme Court will appoint another judge, and that will delay the trial that was scheduled to begin on June 8.

However before Hall stepped down he reprimanded attorneys on both sides for not being prepared to take the case to trial.

The case was handed off to the district attorney in Santa Fe after the Las Vegas decided there were too many personal connections between members of his staff and people involved in the criminal case.