Judge's arrest could affect murder case

ALBUQUERQUE, NM (KRQE) - The family of John and Bernadette Ohlemacher, who were murdered in their northwest Albuquerque home in 2005, says they are hoping the assignment of a new judge on the case and the fresh eyes it brings will be a positive thing.

Former loan officer Ronald Santiago is charged with the murders. The key evidence tying Santiago to the crime is a bullet casing found in his home which investigators allege matches the bullet casings found in the Ohlemacher home the day of the murders.

Twice Judge Albert "Pat" Murdoch has ruled the bullet casing inadmissible because of issues with the search warrant.  The on Tuesday Murdoch was arrested Tuesday for allegedly raping a prostitute and intimidating her to keep her from telling.

Initially Murdoch ruled that the search warrant was invalid because it was a day warrant and the search was actually conducted at night. The state supreme court later overruled Murdoch.

The judge sided with the defense again when they came up with a new argument that the search warrant was invalid because police had secured Santiago's home at 3:15 in the afternoon, preventing anyone from coming or going but didn't secure a search warrant until 9 that night. That ruling is currently being appealed by prosecutors.

This case, as with the rest of Murdoch's cases, will be given to another judge, at least for the time being.

Antoinette Curran, the sister of Bernadette Ohlemacher said, "I hope it will be a positive change for the case and the fresh eyes on the case will be a good thing." Curran says she also hopes there are no delays because of the transfer of the case.

Curran says Murdoch's rulings were a huge blow to the family and some of his actions left her baffled. She refers to the day that Murdoch announced he would reconsider his ruling on the bullet casing and then just minutes before the hearing changed his mind with no explanation.

District Attorney Kari Brandenburg says aside from getting a new judge nothing has changed.

"We don't have any information at this point that any of his decisions are not valid," Brandenburg said.

Brandenburg says they will continue to press forward in the case and appeal rulings they feel are inappropriate, just as they would have with any other judge.