Prosecution Witness, Ben Romero, NM State Police

Michael Travesser / Wayne Bent at sunset

Prosecution witness David Ben Romero - By District Attorney, Donald Gallegos, plus cross by Sara Montoya, Defense Attorney

Judge Baca: The State will now present its evidence. After the State has presented its evidence, the Defendant may present evidence, but is not required to do so, because the burden is always on the State, to prove the Defendant’s guil, beyond a reasonable doubt. Alright. The first witness for the State.

Donald Gallegos: Your Honor, we call Officer Ben Romero.

Judge Baca: Ok. Officer Romero.

(Officer Romero is sworn in by Judge Baca)

Judge Baca: Ok, you may have a seat. Please state your name. You may proceed, Mr. Gallegos.

Donald Gallegos: Please state your name.

Officer Romero: David Ben Romero.

Donald Gallegos: Are you employed sir?

Officer Romero: Yes sir.

Donald Gallegos: What do you do?

Officer Romero: New Mexico State Police.

Donald Gallegos: How long have you been with the State Police?

Officer Romero: Approximately three years.

Donald Gallegos: Can you tell the jury what your duties are with the State Police?

Officer Romero: Yes. Routine patrol, criminal investigation, along with traffic enforcing the code and routine police work.

Donald Gallegos: Do you have any education or training in this field?

Officer Romero: With the State Police, we went through a basic academy of eighteen weeks, which gave us training to be a police officer.

Donald Gallegos: Ok. And you’ve had experience investigating cases before?

Officer Romero: Yes sir.

Donald Gallegos: Alright. I’m going to ask you if you were employed in earlier this year around April.

Officer Romero: Yes sir.

Donald Gallegos: And was that with the State Police?

Officer Romero: Yes sir.

Donald Gallegos: Are you familiar with two individuals by the name of A.S. and L.S.?

Officer Romero: Yes sir.

Donald Gallegos: How are you familiar with these individuals?

Officer Romero: Oh... April, about twenty-second, I was dispatched to help CYFD investigate some allegations regarding these two ladies.

Donald Gallegos: What did you do based on that?

Officer Romero: Based on, that I met with CYFD agents in Clayton. At which point, they gave me a diary of L.S. I read through parts of the diary. I then based on what I read, I filled out a form that gave CYFD custody of the children for forty-eight hours.

Donald Gallegos: Why does this happen?

Officer Romero: Ah... This happens when myself or CYFD agents are in fear for the children’s general safety and welfare.

Donald Gallegos: Alright and it’s for forty-eight hours. So it’s temporary?

Officer Romero: Yes sir.

Donald Gallegos: Alright. So what did you do next?

Officer Romero: Ah... Next, we drove to the Strong City compound, located about forty miles on State Road three seventy (370) where this compounds at.

Donald Gallegos: Do you know what county that’s in sir?

Officer Romero: It’s in Union County.

Donald Gallegos: Were you stationed in Union County at that time?

Officer Romero: Yes sir.

Donald Gallegos: Are you still stationed there?

Officer Romero: No sir.

Donald Gallegos: Ok. So you went to the area?

Officer Romero: Yes sir.

Donald Gallegos: And again it’s located where?

Officer Romero: Approximately forty miles on State Road three seventy east.

Donald Gallegos: Were you familiar with this area?

Officer Romero: Yes sir.

Donald Gallegos: How so?

Officer Romero: Ah... Routine patrol. I had driven through there and I knew of the general area.

Donald Gallegos: So what did you go over there to do?

Officer Romero: I went over there to take custody of L.S., who was still on the compound.

Donald Gallegos: And where was A.S.?

Officer Romero: A.S. was with her parents.

Donald Gallegos: Did you, in fact go over there and take custody?

Officer Romero: Yes sir.

Donald Gallegos: If you can tell the jury how that took place.

Officer Romero: Ah... I believe that it was April, twenty second. We drove up to the compound. It was myself, and two CYFD agents. We drove through an unlocked gate. As we drove up, we could see several houses. I pulled up to the first house that I could see. I then knocked on the door and a gentleman, later to be identified as Mr. Wayne Bent, which is right here, answered the door. I advised him of why were there, that we needed to take custody of L.S. He then showed us where the house was. The CYFD agents went inside the house and told L.S. to get her things ready and that she was going to be escorted off the compound.

Donald Gallegos: Was Mr. Bent cooperative during this?

Officer Romero: Yes sir.

Donald Gallegos: And did you make contact with L.S.?

Officer Romero: Yes sir.

Donald Gallegos: Could you continue and say how that took place?

Officer Romero: My contact with L.S. was in informing her who I was and then the CYFD agents, from there...

Ms. Montoya: Objection, your Honor. Relevance?

Judge Baca: What’s the relevance of this?

Donald Gallegos: How he came in contact with her your Honor.

Judge Baca: I agree. Overruled. You may continue.

Officer Romero: Yes sir. I made contact with her and went with the CYFD agents to the house that they were staying at. At this point, we knocked on the door. There were two ladies in there. I asked if I could speak to L.S.. I stated who I was and then at that point, I let CYFD inform her of the reason she was being taken off the compound and CYFD instructed her to gather her belongings. And they went through that process while I waited outside.

Donald Gallegos: Was L.S. cooperative during this period?

Officer Romero: Yes sir.

Donald Gallegos: And then, what happened next?

Officer Romero: After she located all of her belongings, she got in the CYFD car and we, she was taken to a foster care home.

Donald Gallegos: Ok. Did you have any other involvement in this matter after that?

Officer Romero: After that, I did drive to Taos in assistance to help the Sayers come down to Taos and for the Safe Room interviews the next day.

Donald Gallegos: And where was the Safe Room interview conducted?

Officer Romero: It was conducted here in Taos at a... I don’t know the address.

Donald Gallegos: But, it was here in Taos?

Officer Romero: Yes sir.

Donald Gallegos: And was that with both of the girls?

Officer Romero: Yes sir.

Donald Gallegos: And you were there for the Safe Room?

Officer Romero: I was in and out of the room. I wasn’t constantly there.

Donald Gallegos: Ok. And after the Safe Room interviews, did you do anything else regarding this case?

Officer Romero: I did write an affidavit for a search warrant regarding a... L.S.. I was advised that she took a journal with her. I did write a search warrant for that journal. And then we executed the search warrant here in Taos.

Donald Gallegos: Was the journal taken?

Officer Romero: Yes sir.

Donald Gallegos: What happened to the journal?

Officer Romero: The journal was given to the criminal agents that were going to handle the case.

Donald Gallegos: Ok. Did you have any other involvement on this case at that time?

Officer Romero: No sir.

Donald Gallegos: Pass the witness, your Honor.

Judge Baca: Alright. Ms. Montoya, any questions?

Ms. Montoya: Officer Romero, you first described a diary and then you later described a journal are you describing the same article?

Officer Romero: Yes, ma’am.

Ms. Montoya: Well, when was it you learned about the diary?

Officer Romero: The diary and the journal were used as the same word. Well what CYFD gave me was a copy of a journal or a diary on the first.

Ms. Montoya: How’d they get that?

Officer Romero: They got it from, I believe, the parents of L.S.

Ms. Montoya: And you went to the land to take L.S. off the land, based upon what was written in the diary?

Officer Romero: What was written in the...? Yes.

Ms. Montoya: Ok. And was L.S. happy to leave the land?

Officer Romero: She didn’t show much emotion.

Ms. Montoya: And then, you say, the next day, you basically gave them a ride to Taos with the Safe Room interview. You were in and out and then you left. You took them back. Did you take them back to Clayton?

Officer Romero: Yes, ma’am.

Ms. Montoya: Now when you say the Sayers, are you talking about L.S. and her sister?

Officer Romero: Ah, no John and Elsa and A.S.

Ms. Montoya: And A.S., not L.S.?

Officer Romero: I didn’t transport L.S.

Ms. Montoya: Ok. So it was L.S. you took off the land?

Officer Romero: CYFD took her physically off the land.

Ms. Montoya: Ok. And then you just gave the Sayers a ride the next day?

Officer Romero: Yes, ma’am.

Ms. Montoya: Did L.S. know you were taking her journal with the search warrant?

Officer Romero: I didn’t advise her of it.

Ms. Montoya: Who did?

Officer Romero: I believe one of the criminal agents would have, who did the return and receipt.

Ms. Montoya: And was there a CYFD case involving the Sayer girls? You said, "CYFD took the girls." Did they file a suit?

Officer Romero: Ah... You would have to contact CYFD.

Ms. Montoya: So, you’re completely unaware of anything else that happened regarding the Sayer girls, other than you picked up L.S. and you gave A.S. a ride?

Officer Romero: They were involved with CYFD from there and I wasn’t involved with their cases.

Ms. Montoya: Ok. So basically you took L.S. off the land and you gave A.S. and her parents a ride to Taos.

Donald Gallegos: Objection. That’s been asked and answered.

Ms. Montoya: Actually, he didn’t answer it.

Judge Baca: You may ask your question.

Ms. Montoya: Those are the two things that you did. You took L.S. off the land and you gave A.S. and her parents a ride to Taos?

Officer Romero: And back.

Ms. Montoya: And back to Clayton?

Officer Romero: Yes, ma’am.

Ms. Montoya: And that’s it?

Officer Romero: Including the affidavit for a search warrant.

Ms. Montoya: To take the journal away from L.S.?

Officer Romero: Yes, ma’am.

Ms. Montoya: Nothing further.

Judge Baca: Alright, redirect?

Donald Gallegos: No, your Honor.

Judge Baca: That means the witness may be excused?

Donald Gallegos: Please, your Honor.

Judge Baca: Will he be subject to recall?

Donald Gallegos: Ah, I believe he’s under Defense.

Judge Baca: You want him to be subject to subpoena?

Ms. Montoya: Yes, your Honor. If he would leave his contact information, we could call him when he’s needed.

Judge Baca: Alright. Then you’re excused from the witness stand.

Officer Romero: It’s an hour and half drive from where I’m going, so if they can just give me that much notice.

Judge Baca: Ok. We’ll make sure they do that. You’re excused. Thank you for your testimony.


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