Judge declares mistrial after altercation

By Leslie Wood
Staff Writer

Defense attorney Steve Seeger denies allegations that he physically intimidated an assistant district attorney. [Photo by John A. Bowersmith/Independent]

GALLUP — District Judge Grant Foutz issued a mistrial in a case pending against a 30-year-old Gallup man in connection with the beating of his girlfriend and her 5-year-old son after allegations of witness tampering and intimidation surfaced.

In a hearing on April 5, Deputy District Attorney Alfred Walker requested a mistrial, the second day into the proceeding, after learning witness Tranquelina Garcia had met with Reddawn Henderson in the days leading to the trial.

Garcia initially testified Henderson had struck her and her son, but recanted the testimony during trial and said her previous testimony was untrue. Recordings of the pair's jailhouse telephone conversations allegedly reveal Henderson told Garcia to disappear prior to the initial court date, which was subsequently continued.

"I believe a fraud has been perpetrated on this court," Walker said.

Walker also asserts Garcia was without legal representation when she signed an affidavit at Advocate Law Center in connection with the case. He said Garcia essentially admitted to perjury by signing the document and was unaware of the ramifications of her actions.

In a third incident, he said a confrontation, which allegedly evolved into "physical intimidation," between Defense Attorney Steve Seeger and Assistant District Attorney Bernadine Martin also affected the prosecution's presentation.

In an interview on Thursday evening, Martin said she was walking toward Attorney Bobbie Franklin on Wednesday to speak with a witness, when Seeger positioned himself to where he "blocked" Martin with his left shoulder.

In reaction to the altercation, Martin said she demanded Seeger "get away" twice and asked for courthouse security to intervene. She said Franklin quickly "reprimanded" Seeger for his alleged actions.

The incident has taken its toll, Martin said.

"He's not going to push women around," she said. "I would expect this kind of behavior from a defendant, not a professional. ... He was clearly intimidating me with regards to this case."

Martin did clarify the issue is between her and Seeger not Seeger and the district attorney's office. She said she has never been in a similar altercation with a colleague until the incident with Seeger.

However, Seeger called the incident "much ado about nothing" late Friday morning and said there was physical contact between the pair as Martin walked around him, but that the contact was not malicious on his part. He attributed the contact, in part, to the tight quarters of the courthouse's hallway.

"I perceive it as an inadvertent situation more than anything else," he said.

Seeger said the confrontation started when Martin allegedly called a witness "her witness" and wanted to prevent a conversation between Franklin and Garcia in the courtroom hallway.

"This is an issue that has been brewing in the bar for years," Seeger said. " Witnesses do not belong to either party."

He said each party is entitled to access to witnesses. He said that it could be inferred that Martin brought up the allegations to prevent Franklin from speaking to Garcia.

Seeger said Franklin was recommending Garcia find her own attorney to explain what was occurring in court. Garcia did later express frustration, while on the stand, about not having an attorney to explain the legal terms that were being discussed in court.

Martin said the incident has been forwarded to the New Mexico State Police for investigation. No charges have been filed in connection with the altercation, as of press time.

A surveillance camera did capture the incident on tape. Henderson remains jailed in connection with a probation violation. A hearing is scheduled for next week to discuss his possible release.