Fragua v. Casamento et al

Filing 8

ORDER by Magistrate Judge William P. Lynch. Defendant Casamento will produce information discussed in Order by 5:00PM 4/7/2017. (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALAN FRAGUA,
Plaintiff,
v.

CV 16-1404 RB/WPL

AL CASAMENTO, Director,
Sandoval County Detention Center,
Defendant.

ORDER
In response to Alan Fragua’s Petition for Writ of Habeas Corpus for Relief from a Tribal
Court Conviction Pursuant to 25 U.S.C. § 1303 (Doc. 1), Defendant Al Casamento argues that
Fragua waived his right to counsel and to jury trial, and failed to exhaust available tribal
remedies. (Doc. 6.) In support, Casamento attached an affidavit from the Honorable Allan R.
Toledo, one of the presiding Tribal Court judges for the Pueblo of Jemez in the Governor’s Court
and, apparently, the judge who presided over Fragua’s criminal case. (Doc. 6 Ex. 1.) Judge
Toledo refers to several sections of the Pueblo of Jemez Tribal Code, but did not produce those
sections. Additionally, Fragua attached an affidavit from Cynthia T. Gachupin, a former court
clerk and court administrator for the Jemez Tribal Court, stating that criminal proceedings are
recorded and stored on CDs, but did not produce the recording. (Doc. 7 Ex. 2.)
It is impossible to provide a reasonable recommendation to Judge Brack to resolve this
case without all of the information. To that end, Casamento is ordered to produce Titles I, II, and
III of the Pueblo of Jemez Tribal Code, in their entirety. Casamento will also provide to the
Court the recording from Fragua’s November 9, 2016, trial, in its entirety, and any additional

proceedings involving Fragua that led up to that trial. Casamento will also produce all records,
electronic, paper, or otherwise, related to Jemez Pueblo v. Alan A. Fragua, No. CR 16-123.
I am sensitive to the Pueblo of Jemez’s traditional policy of privacy. Casamento may
produce the Tribal Code under seal, and Fragua is ordered to not disseminate or use any
information contained therein, except as necessary in this case.
Casamento will produce this information no later than 5:00 p.m. on April 7, 2017.
IT IS SO ORDERED.
___________________________________
William P. Lynch
United States Magistrate Judge

A true copy of this order was served
on the date of entry--via mail or electronic
means--to counsel of record and any pro se
party as they are shown on the Court’s docket.

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