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   In September of 1999, a man was shot and killed in Las Cruces, NM, at a victory party following a New Mexico State football game. Joseph Montoya, who is an identical twin, was arrested and convicted of second-degree murder and two counts of aggravated assault with a deadly weapon, and was sentenced to twenty years behind bars. Joseph’s identical twin brother, Jeremy, was never arrested, but immediately after the jury’s verdict, confessed to being the actual killer and has passed a polygraph test resoundingly. In addition, the twins have admitted in court to committing perjury during the trial. However, Susana Martinez (district attorney) refuses to consider this confession and new testimony, or to possibly making a mistake in the case. Therefore, she has chosen to leave an innocent man in prison going against her promise and duty to guarantee that Justice prevails.

    The twin’s decision to come up with alibis for each other and not admit to the shootings at the initial trial was a combination of fear of the consequences and love for each other. Since Joseph’s conviction, Jeremy has been haunted by the fact that his brother is serving time for a crime that he did not commit. In an attempt to set the record straight, Jeremy has confessed to these crimes on local and national television, in district court, the appeals court, and in the state Supreme Court, and stated that he would serve the twenty years that Joseph was sentenced to. As you can see, there is nothing to gain and there has been no attempt to manipulate the system as Susana’s office is claiming. Yet, every attempt for a new trial to set Joseph free and set things right has failed because of a legal technicality and Susana’s unwillingness to listen to the facts and have justice prevail.

    This denial for justice rests on the shoulders of the District Attorney of Dona Ana County in New Mexico, Susana Martinez. Understandably, Susana questions Jeremy’s credibility and stands on the legal technicality that Jeremy’s confession does not meet the criteria to be considered new evidence and that the twins are just trying to manipulate the system. First of all, Jeremy is putting his life out there to fry; he has everything to lose. Jeremy has done everything, including taking a polygraph test, to turn this wrongdoing around. But, Susana refuses to budge one inch to listen or talk to the parties in order to get this whole mishap straightened out. Why? How does this serve true justice?

    Joseph is INNOCENT. Should he be left behind bars for twenty years because of a technicality and Susana’s closed mind and unwillingness to having justice prevail? At the time of her run for Governor, Joseph has given over 11 years of his life for his lie. But, he did not murder anyone. Isn’t this enough? How can we, the people, prevent this public servant from not letting justice prevail?

    Currently, a request for clemency rests on Governor Richardson's desk and has the authority to do the right thing by giving Joseph his freedom and having justice prevail as it should. Joseph is truly innocent but because of a technicality and Susana’s refusal to have justice served, he is wrongly being held prisoner in New Mexico. Please help by writing to Governor Richardson and to the other authorities listed on this website to ask them to pardon Joseph and award him his Freedom.

Thank you and God Bless.
The Montoya family