A hearing to listen to oral arguments was held on Monday, April 10th, 2006, but we haven't heard word, yet. Both sides had thirty minutes each to present their arguments, and it was difficult to read what the judges were thinking. So, please write to these justices as soon as possible and keep praying. Thank you.

Joseph has been incarcerated since September of 1999 for a murder that he did not commit. In September of 1999, a man was shot and killed in Las Cruces, NM, at a victory party following a New Mexico State football game. Joseph, who is an identical twin, was arrested and, with unethical malicious practices by the District Attorney, was convicted of second-degree murder and two counts of aggravated assault with a deadly weapon and sentenced to twenty years behind bars. Joseph’s identical twin brother, Jeremy, was never arrested, and has since confessed to being the actual killer. In addition, the twins have admitted to committing perjury during the trial. However, the District Attorney, for obvious reasons, refuses to admit to making a mistake, and, therefore, chooses to leave an innocent man behind bars, hoping that we will just go away. Justice is not being served.

The twin’s decision not to speak up at their initial trial was a combination of fear of the consequences and love of a family member. Since Joseph’s conviction, Jeremy has been haunted by the fact that his brother is serving time for a crime that he did not commit. Jeremy has confessed to the crime on local and national television, in district court, the appeals court, and in the state Supreme Court. In addition, Jeremy has conducted a polygraph test in which he passed with extreme scores. Yet, every attempt for a new trial to set Joseph free has failed.

This denial for justice rests on the shoulders of the District Attorney of Dona Ana County in New Mexico, Susana Martinez. She is basing her stance on the technicality that Jeremy’s confession does not meet the criteria to be considered new evidence and that the twins are just trying to manipulate the system. Should a person be left behind bars for twenty years because of a technicality?! As mentioned before, the twins have admitted to their wrongdoings in a courtroom and are not trying to manipulate the system. So, why is this representative of justice, the D.A., not willing to admit their wrongdoings as the twins have done? Why is the D.A. not willing to have justice prevail? How can we, the people, prevent this public servant from not letting justice prevail?

Please help by writing to the District Attorney and other authorities listed on this website to let them know how you feel. This will help tremendously not only with this case, but will say a lot about how the people feel about the justice system in this country and will help avoid an injustice with future cases. Thank you and God Bless.
The Montoya family