Public Defender: No Restraints On Kids And Teens During Trials

LAS CRUCES, NM – A Dona Ana County public defender wants kids in court to be free of handcuffs and shackles.

Attorney Rory Rank filed a petition demanding restraints only be used on violent offenders. He believes shackles and handcuffs will do more harm than good.

“We’re dealing with children who are not classified as criminals…they’re delinquents,” said Rank.

According to Rank, restraints may be demeaning to some kids who have not committed violent or extreme crimes. “They need to figure out what each child did and determine if they’re a legitimate security risk on a case by case basis,” he said.

Dona Ana County prosecutor Geanne Quintero says Rank forgets the fact that evaluations have already been made in the case of juveniles already in a detention center.

One evaluation is made by the probation office and another is made by a detention judge, said Quintero. “To all the sudden come back for another hearing and say: ‘no, they’re no longer a flight risk, not a danger’…that’s just ridiculous and it cuts away the system,” said Quintero.

Quintero tells ABC-7 Rank’s recommendation will only undermine the system and stresses the danger of violent teens being free without restraints in the courtroom. “Not only are we talking about the safety of people in the courtroom, we’re talking about the safety of people in the hallway, other courtrooms, detention officers and security officers.”

“Under the Children’s Code, we’re there to protect, rehabilitate and care for them…we should be treating them with dignity, said Rank, as she expressed the believe that juveniles are more likely to respect the court system if they are shown some respect.

Rank’s petition is still being considered by the New Mexico Supreme Court.