What's in a name?
Woman looking to set legal record, identity
straight
By Elizabeth Hardin-Burrola
Staff Writer
Gamerco resident Cecelia L. Gonzales, who served time in prison
after her conviction on a second-degree murder charge in the
1990s, is planning to apply for a pardon from New Mexico Gov.
Bill Richardson. However, Gonzales' legal records are filled
with documents that have her name misspelled, incorrect Social
Security numbers, and a document from the legal file of another
local woman with a similar name. [Photo by Brian Leddy/Independent] |
GALLUP Anyone who's lived in Gallup for very many years
probably knows something about Cecelia L. Gonzales.
Raised in Gallup's Chihuahuita neighborhood, Gonzales is a longtime
cosmetologist in town. In 1994 she was arrested for shooting a local
woman in Gamerco and charged with attempted murder. Because of the
publicity surrounding the case, her trial was moved to San Juan
County, where she was convicted and sentenced to prison. She was
released from prison in 1998, returned to Gallup, and completed
her parole in 2000.
For those who don't like her and that's not a small number of people
Gonzales is outspoken, abrasive, and sometimes difficult to talk
to and understand.
But to Gonzales, some of what people think they know about her might
not be particularly accurate or true.
Contrary to what some people believe, she said, she has no other
history of arrests or criminal convictions. What she does have,
however, is a very common Hispanic name, and she is concerned that
her name has possibly caused her legal record to get mixed up with
the criminal records of other women with similar names.
As Gonzales is preparing to apply for a pardon from New Mexico Gov.
Bill Richardson, that concern is no small matter to her.
Gonzales doesn't have proof that anyone else's criminal record has
been blended with hers, but she does have evidence of errors in
her legal record: a Social Security number that is not even similar
to her number is listed throughout her District Court files in McKinley
and San Juan Counties; her first name is misspelled on her Certificate
of Parole, her Certificate of Parole Discharge, and other legal
documents; and she says another woman's Certificate of Discharge
for a conviction of receiving stolen property was in her former
parole officer's file on Gonzales.
Whether any of these errors are serious is up for debate. Gonzales
thinks they might be, while several government officials seem to
think they are only minor errors that can be cleared up easily.
Cecelia vs. Cecilia
According to the New Mexico State Judiciary Web site (www.nmcourts.com),
there have been dozens of court cases although most of them not
criminal cases from around the state involving women named Cecelia
or Cecilia Gonzales. Several cases from Gallup involve another woman
named Cecilia with an "I" who is 14 years younger than
Gonzales. She is the woman who was convicted of receiving stolen
property. The Independent inspected the court files of both Gallup
women and found numerous mistakes throughout the files involving
the spelling of their names and their Social Security numbers. Most
appear to be accidental clerical errors.
Gonzales provided a copy of her Social Security card, and its number
is not similar to the Social Security number in her district court
files in McKinley and San Juan counties. She said that is the only
Social Security number she has ever had or used.
According to District Court records in Gallup, the wrong Social
Security number is listed on the 1994 grand jury indictment. Gonzales
is also listed by her former married name, Borbon, which she had
dropped six years earlier when she legally resumed use of her maiden
name.
Because the shooting incident took place nearly 13 years ago and
the reports are no longer available, The Independent has been unable
to verify what Social Security number was recorded on the initial
police and booking report. Gonzales denies giving authorities false
information like a fake Social Security number when she was arrested.
She said law enforcement officers obtained her name, birth date,
and Social Security number when they searched her purse.
Minor or major
When contacted by The Independent, officials from the state of New
Mexico Parole Board pulled Gonzales' file.
"I'm not sure it creates any significant issues," Board
Director Ella Frank said of the wrong Social Security number and
the misspelled first name. "I'm not sure it's doing any damage
to her," she added.
Frank said minor problems often arise in New Mexico's legal system
with people sharing the same or similar names, but usually such
problems can be easily corrected and don't cause serious problems.
According to Frank's records, another Cecelia or Cecilia Gonzales
with a different middle initial is currently in the process of applying
for a pardon. By providing accurate documentation of her legal record
when she submits her pardon application, Gonzales shouldn't face
any problems because of the errors, Frank said.
Justin Miller, associate general counsel for the Governor's Office,
said his office would be willing to work with Gonzales to make sure
the errors in her legal record don't cause identity confusion in
the pardon application process.
San Juan County District Court Clerk Weldon Neff said he wasn't
sure the errors were serious enough to negatively impact Gonzales'
request for a pardon. More serious problems are posed, he said,
for people whose legal records have been damaged through intentional
identity theft.
While examining Gonzales' San Juan County file, Assistant Court
Administrator Tammy Stalcup also noticed that Gonzales' Judgement
and Sentence document listed the wrong year for the shooting incident.
Stalcup said it was unusual that the inaccurate date was not noticed
by the judge, the defense attorney, or the prosecuting attorney
who prepared the document.
Stalcup said Gonzales should take documentation of the errors to
the McKinley County District Attorney's Office and request that
office petition the district courts to correct the errors in the
court files. The San Juan County District Court staff would be happy
to correct the errors, she explained, but the request would have
to come from the McKinley County DA's Office since the errors originated
there.
As to the other woman's Certificate of Discharge in Gonzales' former
parole officer's file, Stalcup said Gonzales should take that issue
up with the parole officer in Gallup.
Benefits of Pardon
Gonzales was asked why she wanted to apply for a pardon since she
had already served her time in prison and completed her parole.
"This pardon will allow me to further myself," she said.
"I don't have my identity. There's still a lot of things I
want to fulfill in my life. I think I deserve it."
Sherry Stephens, deputy director of the New Mexico Parole Board,
said the primary benefits to receiving a pardon are to restore voting
rights, restore the right to bear arms, and to receive assistance
with public housing and employment.
Under New Mexico law, Gonzales' voting rights were restored after
she successfully completed her parole, and she says she has no interest
in restoring her right to carry a weapon. She also lives in the
same house in Gamerco she has lived in for years. Employment assistance
might be welcome, however, as Gonzales said she has struggled to
obtain steady employment even though she earned an associate's degree
in human services after her release from prison.
"I just want the pardon on my record. If it doesn't happen,
fine," Gonzales said. "I think that would be closure in
my life."
Reporter Elizabeth Hardin-Burrola can be contacted at (505) 863-6811
ext. 218 or ehardinburrola@yahoo.com.
|
Weekend
July 28, 2007
Selected
Stories:
What's
in a name?; Woman looking to set legal record, identity straight
'Enlightened
child'; Special needs children: One parent's story
High court
clouds waters; Page Schools deny any segregation
Spiritual
Perspectives; Get Back on the Love Highway At the Forgiveness On-ramp
Deaths
|