Rape case could provide landmark ruling

SOCORRO, N.M. (KRQE) - Tanya was just a 3-year-old girl when she said her uncle starting raping her. She said it lasted for seven years.

"He robbed me of my childhood. He silenced me at a very age. He was put in a position to protect and he violated that," she said.

It took Tanya years to find the courage to come forward. She's now 34 with a family of her own.

Tanya said she wasn't looking for revenge, but to get her voice back and seek justice.

In 2005, Nicholas Morales was charged with five counts of rape. Investigators say he partially confessed.

Tanya said the crimes against her happened from 1978-1985.

There's only one problem, there used to be a 15-year statute of limitation on first-degree cases, like rape and murder. That meant officers had 15 years to charge a suspect.

In 1997, the state Legislature wiped out that law.

But what about crimes committed between 1982 and 1997 during the period when the original 15-year statute of limitations was in effect?

In the Morales's case, Socorro County prosecutors took the chance and charged him in 2005. That was more than 20 years after the alleged crimes took place.

Morales's lawyers took the case to the New Mexico Court of Appeals. The court ruled that Morales should not be charged since the crimes were committed before the new law took effect in 1997.

The case is being appealed to the New Mexico Supreme Court.

"There's no reason that the victims of crimes like this should get the benefit of the extension as opposed to the defendant getting the benefit of the old law," Socorro County Deputy District Attorney Stacey Ward said.

The Morales ruling could affect thousands of felony cases in New Mexico from 1982-1997.

At the Albuquerque Police Department, Detectives said they have about 3,000 cases and 200 murders alone that could be altered by the ruling.

In fact, APD has suspects from DNA hits from a 1985 murder, a 1988 child rape and they have two more cases against the Ether Man.

The Ether Man is accused of drugging and raping 11 women.

"This would be major. This could be a major ruling," Commander Michael Geier said.

Geier said if the Supreme Court allows Morales to be charged, his Detectives would move forward on their cold cases. If not, murderers and rapists would walk free.

"It would be very frustrating. I can't imagine approaching the victim's families and saying we know who killed your son, your father, your daughter, whatever, we know who committed the violent offense against your family member or close friend and we can't do anything about it," Geier said.

Bernalillo County District Attorney Kari Brandenburg said if the State Supreme Court rules against retroactively applying the law to crimes dating back to 1982, public safety would be impacted.

"Some of these people we have DNA that we feel the evidence is definitive are walking our streets. Who will be their next victim," she said.

However, not everybody shares that viewpoint.

"The problem charging someone so long after the crime occurred is that they may not know that these charges are pending and their own memories fade, other witnesses who could have helped their case disappear, evidence disappears or is destroyed," the President of the New Mexico Criminal Defense Lawyers Association Bennett Baur said.

The state's Supreme Court plans to hear oral arguments on Feb. 17.
No matter how it rules, Tanya has no regrets bringing this case to light. She still holds on to hope.

"That's what I hope the Supreme Court does, validates me, gives me my voice back, allows me to seek justice in the legal system and have closure and move on," she said.