ALBUQUERQUE (KRQE) - Bernalillo County's plan to move hundreds inmates out of the Metropolitan Detention Center has left one inmate in the wrong state and out of contact for days, according to his attorney.
Michael Kelly says his client Patrick Kochersperger was wrongly moved from MDC for a jail about 14 hours away, north of Houston in Polk County, Texas.
“It upsets me because I have no communication with my client,” said Kelly. “I wasn't notified by anybody that he would be taken out of the state.”
Kochersperger has been in MDC custody since July 2013 for burglary and racketeering charges tied to home break-in's. According to his attorney, last Wednesday, Kochersperger took a plea deal and a Bernalillo County judge ordered Kochersperger into the county's "community custody program."
“The court transmitted that to the jail and he was supposed to be out the next day,” said Kelly.
But by Friday, Kochersperger was gone. Kelly says MDC staff misread the paperwork that should have lead him into CCP.
“BCMC insisted that … it wasn't an order,” said Kelly.
But according to Kelly, the order was clearly marked that Kochersperger was being “ordered” into the program, not merely just “authorized” to take part in the program.
“Authorized gives the jail the option of putting them on CCP or not. Ordered they are required to do it unless they have a reason that they tell the judge why they can't put him on CCP,” said Kelly.
On Saturday, Kochersperger was still out in Texas. His attorney and his family say they’re worried because Kochersperger has mental illness and may feel that he’s been lied to.
"He's got PTSD and he's got some other problems,” said Kelly.
“He already has a distrust,” said John Kochersperger. “He was supposed to be out yesterday.”
Kelly says even though MDC admitted the mistake to him, the facility has not helped him rectify the situation.
"I asked them if they could contact the jail in Polk County and arrange for me to talk to my client for a moment and they said that they could do nothing,” said Kelly.
Kelly says Polk County officials told him he'll have to wait until Tuesday to even speak to Kochersperger, something he says isn’t OK.
“I think the county, should, if they're going to move somebody out of the country they should provide and avenue to allow the defendant to talk to his attorney and at least let everybody know what’s going on,” said Kelly.
News 13 reached out to MDC on Saturday. A spokeswoman said they’re looking into the issue but didn’t have any further comment.
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