Isaac Apodaca & Kiara McCulley Sentencing - Both FULL SENTENCINGS + ENHANCED VIDEO

[00:00:00] Speaker 1: all right let's go on the record this is first judicial district court division seven this afternoon sitting in criminal cause d101 cr 2023-25 the state of new mexico versus uh isaac apodaca appearances for the record please haley murphy and tony long for the state [00:00:33] Speaker 2: and uh good afternoon your honor jay naira and marcus cameron on behalf of isaac apodaca who is [00:00:37] Speaker 1: seated beside me good afternoon please have a seat gentlemen uh before we get started in earnest i have four people waiting um uh that want to come in by video we this is an in-person hearing the uh only order that i've issued allows the victim's family to appear do we have a family member [00:00:57] Speaker 3: among the group yes in that group are bob uh robert and heather wheat your honor who live out of state and um were unable to travel and so they were asking that you open the link for that and [00:01:08] Speaker 1: anybody else that's in the waiting room so i just allowed the tile robert wheat into the video my understanding is is that the video is being live streamed by one or more news outlets so we're not using the video link for all the other people that want to get come in they'll have to watch through one of the other broadcast locations uh we are on for final sentencing the court has received and reviewed a number of documents that were submitted i've reviewed victim impact statements i've reviewed the memorandum submitted by the parties as well as an analysis that was done and recommendations on behalf of mr apodaca uh we'll begin uh with the estate uh ladies and gentlemen uh we encourage you to be here this is a public hearing but you can't interfere with the proceedings so i would ask everyone to be respectful of the feelings this is a very difficult case it has been since its inception and so would ask everyone to um just basically be respectful of everybody that's involved um we'll begin with the [00:02:24] Speaker 3: state ms murphy thank you your honor presided over the trial so i won't rehash all of the facts but as the courts aware in october of 2022 isaac apodaca and kiara macaulay had been engaged in a long-standing conspiracy to murder grace jennings who they both knew and allegedly had dated separately when grace had been recently broken up with by her fiance she needed a place to stay and apparently communicated with isaac over social media about that while kiara went to a park nearby dressed in a costume and carrying her sword isaac stayed at the house grace's mother then dropped grace her belongings and her cats off at kiara's house that had the detached garage after grace's mother left her there kiara returned to the garage where all three remained over the next 12 or so hours with the exception of a couple of occasions where the defendant isaac abedaca left and entered the main house during that time isaac and kiara messaged extensively you saw those messages at trial about killing grace grace was murdered with a sword the next morning by kiara after isaac had spent much of the night trying to push her buttons into doing it he was able to wield a significant amount of power over kiara as evidenced by their domestic violence history and his history of pimping her out items that were bits of information that were admitted under 404b the final i think i refer to it as the psychological kill shot at in the messaging was when he told kiara right before he left that morning after operation fake kick out that grace had previously admitted to a gang rape that isaac had convinced kiara that grace had facilitated years prior this gang rape narrative was one that isaac spent much of the relationship cultivating and was part of the extensive gaslighting that dr wellner our expert testified about at trial now the notion that someone could push and cajole and manipulate someone into committing such a vicious murder is hard to imagine but the evidence in this case bore that out the repeated messages to end your suffering by ending her joy and north south east west voila she's dead were just a few of the attempts of isaacs to facilitate the grace's murder he truly caused helped and encouraged all of those actions are what formed the basis for count one murder in the first degree under an aided and abetted theory in new mexico a person may be charged with and convicted of the crime as you know as an excess accessory if he procures counsels aids or abets in its commission and although he did not directly commit the crime and although the principal who directly this crime has maybe even not been prosecuted or not been convicted a person who aids in the commission of a crime is equally culpable as the principal that's from state v nance uh 77 nm 39 aiding and abetting has been recognized for decades in this state as a um as a subset of the the actual crime and it carries the same punishment as the principal who actually commits it the defendant has been convicted of first-degree murder willfully and deliberately under that aided and abetted theory and the sentence for that is life in prison with the possibility but not the guarantee of parole beginning after 30 years which does not carry good time this sentence is not eligible for life without the possibility of parole as the statutes that allow for life without the possibility of possibility of parole don't apply and those are statutes um in place for a long standing time we do not in this case have discretion to impose life sentence without the possibility of parole but the crime for which he's convicted does carry life as to count to the second crime for which he was committed uh convicted we know that the conspiracy to kill grace did not begin that night kiana aguilar testified that she had talked to kiara about it about a year prior to the murder and on cross with me she acknowledged that kiara had told her to told kiana that she and isaac had wanted to bring grace over to kill her so this was obviously a long-standing conspiracy that took place well in advance of the murder and the conspiracy was complete early on in the evening when they actually procured grace at the residence i'm sorry and once the defendant had arranged for grace to come to the residence the basic sentence for conspiracy to commit first-degree murder is 15 years followed by two years parole and we are asking as to that count the court imposed the full 15 years we're also asking that your honor run that count first so we are asking that you run them consecutive and um and that you run the conspiracy first so rather than thinking of it as life plus 15 i guess you could think of it as 15 plus life so that gets me to the to the consecutive versus concurrent argument that defense has also raised so the question as to whether these counts should merge as unitary conduct the law is favorable here to the state uh dating back to state v carrasco and then subsequent cases that are fairly recent such as state v ramirez 2018 nmsc 003 and state v chavez 2021 nmsc 017 the court basically engages in the swafford two-part analysis and so the first question before the court is is the conduct unitary and here the answer is no the conspiracy was complete early on in the evening and then separated from the conduct surrounding the murder based on time intervening events such as kiara coming back from the park isaac leaving to go into the house uh people at times were sleeping um a number of circumstances including isaac then also ultimately leaving right before the murder so there are a number of circumstances intervening um both temporal and otherwise circumstances that render this not a unitary act and that the conspiracy again was complete far in advance of the murder so in other words the fact finder can't find both isaac abedaka guilty of both crimes based on the exact same factual basis there are additional facts that inform the murder and therefore it's not unit unitary conduct and if the conduct is not unitary under swafford the con the the inquiry stops there and if the conduct were to be deemed unitary the next question would be whether the legislature intended to punish those offenses separately and the case law bears that out as well but here we don't need to even go into the second part of the inquiry given those intervening events and other factors the long-standing plot to kill grace jennings the way it was carried out at the urging of the defendant justifies the maximum sentence in this case but there are additional facts and circumstances i think you should be aware of i'd like to begin by talking about the defendant and his history i know that you've received a mitigation report from defense um and it it mentions you know kind of one potential crime but actually the defendant does have adult criminal history as discussed at trial when we talked about the domestic violence case about six months prior to the murder he battered kiara macaulay actually broke her thumb and she needed medical attention and we know that isaac encouraged we know that isaac encouraged kiara to decline to cooperate with that prosecution he's also been charged with a number of other offenses nothing is as dangerous or as violent as a murder but things that the court should still take into consideration in d117 cr 2022 0001 the defendant was charged with breaking and entering and criminal damage to property under a thousand dollars and this relates to an incident where the defendant kicked in the door of actually kiana aguilar who ended up being a witness kicked in the door to her home in order to retrieve property he had left there and she had to punch him in the face in order to get him to leave he ultimately pleaded to criminal trespass and criminal damage to property in m49 mr 2017 01062 the defendant was charged with four counts of embezzlement for ringing up items at a store at a store at false prices to help out his friends which he admitted to law enforcement that he'd done this case was ultimately dismissed but again this shows his willingness to deceive defraud and manipulate others in m49 mr 2017 00768 he was charged with shoplifting and concealing identity both of which were directly observed by law enforcement again he lucked out the charges were dropped but again this reflects his long-standing disrespect for the law interestingly his mitigation report doesn't identify these crimes it only discusses the accusation of him previously stealing laptops from his school which that one is m49 fr 2016 00073 a case that again was dismissed but involved an eye witness who saw him actually stealing these laptops let's talk about his behavior while incarcerated the mitigation report does not include references to the defendant's disciplinary records some of which were obtained previously by the state and disclosed prior to trial as you know he's been incarcerated while this case has been pending he's been disciplined on a few occasions once at least once for a fight that he was participatory in at least twice for contraband in the form of tattoo pins in his cell and then also for writing a fake suicide note using another inmate's account so he is on video using a a portal that an inmate had left they logged into and he wrote a fake suicide note in that inmate's account resulting in that inmate being taken to medical and screened for a potential mental health crisis let's talk about his behavior during trial even now he's always appropriately behaved in the courtroom but your honor strongly admonished him during the trial not to have contact with his mother she was a named witness and we raised a concern about them discussing witnesses and testimony his response was to disregard your honor's order and immediately return to the jail and call her numerous times leaving your honor in the position of having to place him in seg and take away his phone privileges for the remainder of the trial you heard from dr wellner at trial um and i'd like to reflect a little bit on some of his testimony as well as some other insight he gave us dr wellner testified about isaac's coercive control over kiara a juror asked i think it was a juror question you know what the benefit to the controlling party is and wellner said it's essentially gratifying for that person to assert their this power and authority to the detriment of others we saw that play out in the facts and evidence in this case dr wellner also offered additional insight which would not have been appropriate for the jury to concern but uh consider but you can consider as your part of your authority to take into account a broad range of information and assign the weight to it that you find appropriate in our meetings with dr wellner he described isaac's history and behaviors as being classic for someone who is sadistic someone who takes pleasure in the manipulation the pain and the suffering of others and whether that's grace or kiara or others he tries to manipulate it's their pain and their negative experiences that give him dopamine i'd like to take a moment now to speak a little bit about all that has gone into getting us to this point as the courts aware proving aided and abetted murder cases is not easy um it's actually recognized as a particularly difficult um theory to go on even case law says that you rarely have direct evidence you have to rely on circumstances and inferences to prove the case when this came case came in law enforcement obviously focused on kiara she's the one who wielded the sword and she was at the scene and what followed was a series of attempts to manipulate uh by isaac the police and that worked initially people on scene believed him or people who responded believed him and people believed him in the initial interview and it wasn't until sergeant b hill started reviewing isaac's phone during the interview that he realized how much of a role isaac played in setting all of this up and encouraging kiara to kill grace even then isaac tried to lie he said that the discussion of cleaning up was instead about feces in the bed and that he invited grace over for the purposes of keeping her safe we know that none of that was true in this case the investigation didn't stop after those initial crime scene reviews and those two initial interviews within the first five days of this homicide sergeant v hill and myself had probably 20 or 30 communications about warrants follow-ups and next steps he and the other sfp detectives and officers that worked this case worked to ensure that social media records phone dumps i that items could be sent for scientific uh testing they interviewed potential collateral witnesses they interviewed family members for background information from the moment he was assigned to this case i have to credit sergeant v hill with the diligence the collaboration and the attention to detail that make an unusual and horrific case like this viable and he didn't stop there and neither did my office last year after consulting with our experts we met with sfpd command and asked them to conduct some additional follow-up investigation even though we were already three years into the case at that point rather than deny that request they reallocated resources they actually pulled sergeant v hill from other assignments he'd been promoted they assigned other detectives to assist the santa fe police department administration and the brass supported this investigation well into the prosecution to ensure that we could get what we needed to present a case that could be proven beyond a reasonable doubt it was this follow-up investigation your honor and the dedication of the investigators from my office that led to the discovery of kiana aguilar and the knowledge about how long this conspiracy had been pending this was not a plan that was cooked up that night or that week had been going on for well over a year it is not possible to dig this deep on every single case it's not possible to collaborate to this extent amongst agencies on every single case there's just neither the time the resources the manpower but here the santa fe police department repeatedly committed time and manpower by now at this point as i stand here today by my count between the investigation the jail calls the time and effort from my my team including a legal intern investigators we have poured thousands of hours into seeking justice for grace jennings and today we can see the fruit of that labor a sentence that may ensure that isaac apodaca is never able to abuse to manipulate or to pimp out other women or to assist with murders ever again and at this time judge you all ask that the speakers bob and heather wheat be allowed to address you before i offer a few more thoughts and statements [00:17:16] Speaker 1: mr and mrs wheat you need to turn on your camera and looks okay it looks like your microphone is on this is your opportunity to make a statement what would you like us to hear [00:17:27] Speaker 4: your honor good afternoon to us this is about so much more than these case numbers it is about our personal tragedy in the loss of our dear grace when describing the impact it is impossible to separate these two perpetrators as individual entities because when we are talking about the harm that was caused it was caused by each one in the same that we are talking about the harm that we have to be able to do to kill and murder grace therefore my impact statement is encompassing both criminals macaulay and but i request the statement be put and published in each separate record my name is heather wheat i am known to most as meemaw i am here to try to explain how the crimes of murder in the first degree and conspiracy to commit murder by kiara macaulay and isaac apodaca has impacted my life and my family's life i believe your honor that kiara macaulay and isaac apodaca are guilty of no less than the crimes they were each charged with and that their punishment should reflect the crimes that they each together planned and committed together on october 29 2022 my husband our 22 year old son danny gracie's uncle and myself were enjoying the first year of my husband's retirement after relocating from new mexico to the ozarks of missouri life was good and then the phone rang my husband took the call from our daughter kate who informed him grace was murdered the initial impact was immediate and severe i actually came out of my father's father kate who was murdered the other person who was murdered my father was murdered my husband revived me and in the days weeks months and years of him i have we all have suffered deep and permanent emotional harm the pain we live with is so deep and unnatural it is an immense challenge for me to try to describe it it is an impossible task because it requires me to relive every single painful thought all the fear the emotional despair the graphic images of grace's torturous attack all the trauma and grief of every single moment for the last four years and then describe that i thought my challenge was in surviving today i am challenged with describing what i have survived the immediate and permanent impact was and continues to be life-changing we are none of us the same people we were before these two grotesque individuals chose to murder grace and forever harm her family the waves of grief spread through our family knocking all of us off our foundation from there it continued to spread the ripples of this tragedy eventually reaching literally all around the world it wasn't just the murder of our loved grace and the horrific descriptions and stories associated with what we understood about the crime but that for nearly four years the story of kiara and isaac isaac wafted out into the world via the internet and the media and it came back to us haunting us over and over with the gruesome disturbing and inaccurate accounts of the crime as a result of crime these barbaric evil beings committed and the prolonged suffering that perpetuated in the years and years it took to bring about justice for grace i suffer with anxiety depression ptsd intrusive thoughts and even suicidal ideation my relationships with my friends and family have suffered i longed for isolation so that i wouldn't have to talk about my pain i and my husband have been in counseling for years as has our son i imagine i will be in counseling for the rest of my life i was diagnosed with prolonged grief disorder in 2024 i have been prescribed medications and alternative treatment modalities and efforts to keep my head above water my our quality of life has been destroyed beyond repair as i described how the waves and ripples of this tragedy extended far beyond just me and my family i am reminded how really touched i was when i heard your final instruction to the jury when you told them quote a trial like this inflicts trauma and then you offered them suggestions on how to look out for their own well-being in the weeks ahead it is clear this tragedy affected so so many your honor your honor we cannot be without feeling unless we are without humanness this whole experience has altered my sense of self my peace my feelings of safety and trust it has forever damaged my emotional stability and for these reasons and on behalf of my husband bob and our son danny and all of our close and extended family we implore you to sentence kiara macaulay and isaac apodaca to the maximum sentence allowed by the new mexico statute for the actual crimes of first degree murder and conspiracy to commit first degree murder that they each and together committed against start darling grace amanda rose jennings on october 29th 2022 we would also like to ask your honor that the family be provided some assurance that neither of these two convicted murderers will ever be able to profit from or receive financial compensation for their versions of this story in any way for any reason through any means on any platform and that sensitive photos or videos of grace at the crime scene or at her autopsy or any specific depictions of any family members or any portion of their personal information be sealed or redacted from the public letter forever during the trial there was no picture offered to the court or the jury or the gallery of grace in life this is grace in life i have selected this photo from thousands of photos we have and cherish of grace i chose this one for her joy this photo was taken on an outing to the pumpkin patch in moriarty when grace was seven years old it is a testament to her free spirit her adventurous and energetic personality and her love life this is how i want to remember grace alive with joy and childhood innocence but it is essentially impossible because of the way she died at the hands of these heartless mild depraved individuals we as the family of grace know her story we had the benefit and blessing of knowing her and loving her caring for her and helping her we know her voice and her heart i feel her presence about me i hear her magical laughter i have touched her hands braided her hair and bathed her body i knew her like a daughter loved her as a daughter i have been blessed by her creative spirit and her brilliant smile bye we know what was lost and it has cut us each to the core we all loved her beyond measure thank you to the professionals the police crime scene technicians the experts and all those that assisted in seeking truth and justice in this case the tragic and brutal murder of grace jennings thank you also to the jurors who serve so honorably our family is immensely grateful for your service and to you your honor we thank you and respect you for your integrity compassion and your sound jurisprudence we pray for justice for grace may the grace of god be with you respectfully heather wheat received robert wheat and danny wheat i have another uh statement to read from my sister your honor if i may yes thank you thank you in advance for reading this victim impact statement concerning the sentencing of isaac capataca and kiara mccully who conspired to and then committed the murder of my great niece grace jennings grace a beautiful young woman who should be waking up each morning to a life full of possibilities and experiences and sights and sounds smells and tastes has been cruelly robbed of her life i cannot even finish writing that last sentence without feeling my heart start to race and my hands start to shake my eyes fill with tears i wish i could find words that are strong enough heavy enough meaningful enough to describe the pain that grace's family has been through for the past four years and will continue to experience for the rest of our lives there is no cure for that pain there's no amount of counseling that can mitigate that pain we will just have to keep trying to recognize and celebrate the joyful moments in our lives and dedicate that joy to grace it is my sincere hope and recommendation that isaac ducker receive a sentence of life without parole for the crimes he committed and that kira mccully received the absolute maximum sentence possible for the crimes that she committed most sincerely holly lewis [00:29:51] Speaker 5: and my husband my husband has one more i would like to read some words from heather's son tom jennings grace was my niece she was only 21 years old when her life was taken from her it is difficult to put into words what her murder has done to our family because the impact cannot be measured by a single moment a single emotion or even the years that have passed since we lost her her death created a wound in our family that has never healed grace was someone's daughter she was a sister a granddaughter a niece and a young woman who had only just begun her adult life she had a future in front of her there were experiences she should have had milestones she should have reached and years she should have been able to spend with the people who loved her instead all of those possibilities were taken away my younger sister roma lost her daughter i watched what that loss has done to her and there are few things more painful than watching someone you love trying to survive something that no parent should ever have to experience grace's murder has profoundly affected roma's life and her ability to return to anything resembling the life she had before grace's younger sister has also been forced to live with the trauma that no young person should have to carry she did not simply lose her sister she has had to grow up in the aftermath of her sister's murder and experience the effects it has had on her mother and the rest of our family my mother grace's grandmother was especially close to grace and helped raise her from the time she was young the effect on her has been devastating i have watched my mother struggle with extreme anxiety depression anger and confusion a grandmother who has helped nurture and protect her granddaughter was ultimately powerless to protect her from the people who took her life that is an extraordinarily difficult reality for her to live with and then there is the effect grace's murder has had on me i have experienced almost every emotion i can describe anger sadness disbelief helplessness confusion and grief years later i still struggle to understand how another human being could deliberately take the life of someone as young as grace she had just turned 21 21 years old when someone is murdered at that age it is not only the life she has already lived that has taken an entire future disappears with her we will never know the woman grace would have become we will never see the life she would have built for herself we will never know what career she might have pursued or she might have lived whether she would have married or had children of her own or all the other ordinary and extraordinary moments that make up a lifetime our family was robbed of those moments with her but most importantly grace was robbed of the opportunity to live them there is also something particularly difficult about trying to understand that the people responsible for her death are still able to experience something grace cannot be able to experience something that's not a good time they can go older they can think about their choices they can see another birthday and another year past but grace's chance is lost nothing that happens in a courtroom can restore what was taken from her or return our family to what it was before her murder no sentence can give roma her daughter back it cannot give my mother her granddaughter back or me my niece back but accountability matters so i asked the court to consider not only the terrible act that ended grace's life but the enormous circle of people whose lives were permanently altered by that act the consequences did not end on the day grace died they continue in her mother's grief her sister's trauma her grandmother's anxiety and depression and in the anger sadness questions and absence that our entire family continues to carry grace mattered her life mattered the future that was taken from her mattered and the suffering that her murder has caused and continues to cause should matter when the court determines the appropriate consequences for those responsible for taking her life i'm jennings gracie's okitami thank you for your words [00:34:34] Speaker 1: ms murphy [00:34:37] Speaker 3: your honor at this time we respectfully request that you sentence isaac abadaka to 15 years for the conspiracy to commit first degree murder running that as count one in the judgment and sentence into a life sentence for the murder in the first degree running them consecutive for all purposes we also ask that you include provisions in the jns that include that if he is ever paroled that he have no contact with the victim's family co-defendants or witnesses in the case that restitution as determined by adult probation and parole be ordered and your honor given that for both uh by isaac abadaka's admission to police and by the facts established in the case uh when isaac abadaka dated uh began dating kiara and began dating grace they were both underage they were both minors and so for that we also ask that if he has ever paroled that he ordered to have no supervised contact with minors as a recommendation to the parole board you said supervised i'm assuming oh i apologize unsupervised yes no unsupervised contact with minors i apologize and your honor we also we just pulled the statute under 30-2-9 um murderer may not profit from own wrongdoing a list of public policy uh the defendant should be prohibited from profiting from his crimes the statute acknowledges the common law maxim that one cannot take advantage of their own wrongdoing and it's our hope that he will not do so nothing that we say or do in this case will bring grace back we acknowledge that but we hope that as at least as to isaac abadaka this modicum of justice brings [00:36:08] Speaker 1: some closure to those involved i have received and reviewed all of the other victim impact statements do any of those individuals wish to speak [00:36:22] Speaker 3: i believe there's some people who will be addressing the court uh during kiara's sentencing okay okay [00:36:28] Speaker 1: just wanted to make sure uh everyone um that is affected family members and others that they have the opportunity to speak uh let me come uh to the defense mr nyer on behalf of mr al-podarko yes judge [00:36:49] Speaker 2: so your honor um we all know we had a long long trial and um mr abadaka was convicted of two counts so one is uh first degree murder and the other is a conspiracy to commit first degree murder uh we are asking and uh you know the court has reviewed the sentencing memorandum that uh defense provided uh we are asking the court to vacate the conspiracy to commit first degree murder count because the state relied on essentially the same communications and continuous course of conduct to establish uh both the alleged agreement and mr abadaka's accessory liability i will discuss the swofford analysis of the swofford case and the two prongs to that in a bit i know miss murphy touched on that but i will discuss the unitary conduct and uh how the legislature uh could have intended for these to be separate uh punishments but if the court declines to vacate count two the court does not want to uh want to vacate court to count two then uh we would ask that the court essentially run the counts concurrently so we would ask that uh account to run concurrent to count one now case law in new mexico is a little bit uh gray in regards to uh when somebody does have life uh with the eligibility of parole and miss murphy did acknowledge and i did list that in my sentencing memorandum that he is eligible for parole but um even if they run concurrently you know how it would work uh once he's uh once he's eligible for parole uh with the additional count but uh but uh what we would ask the court to do is order count two for the purposes of or right now don't know what would happen down the road um and you would have to earn earn parole certainly or be would be made eligible for parole but we would order the counts to run concurrently and of course um to be eligible for and presents confinement credit time and and anything else and you could do programming and different things at the department of corrections uh we're not requesting this in any way to minimize what happened here your honor certainly the statements uh were powerful um this is a tragic situation we had a pretty long and and grueling trial here mr albedaca understands the gravity of the loss and and recognizes that you know he'll be spending much of his life in prison uh but what we're asking um the reason we're asking for the consecutive sentence is essentially kind of our same argument as to why we believe it's unitary conduct and that uh you know essentially count two should be vacated i mean both counts arose from the same kind of brief sequence of events on october 28th and uh 29th of 2022 the state was uh relied substantially on the same communications to prove both the conspiracy and the assistance or encouragement underlying the um accessory liability as we know from the jury instruction for accessory liability here in new mexico as miss um murphy pointed out somebody can be convicted of um first degree murder based on aiding and encouraging or and and that's the the theory that the state proceeded on and he was found or mr apodaca was found guilty um of first degree murder based on that um uh i mean life imprisonment without the possibility of release or parole um is or with the possibility of parole your honor is um an extensive sentence um i mean that he's pretty much spending a considerable amount of time in custody uh before he can be eligible for or even think about parole uh by that point and if we look at also the the time he's served he was he spent four years um there were multiple attorneys on the case um i i came on the case and he spent waiting trial spent four years uh incarcerated and if he was accruing any sort of meritorious deduction that would have been an additional amount of time close to probably even if we factor in the 85 percent you probably would have been looking at six to seven years that he could have all um already served um so so your honor the really what we need to look at is whether uh the again the conduct underlying the offenses uh was unitary and and i want to go into that because i think that's where you know we have i mean it's a room for argument um whether the conduct underlying the offenses was unitary and if so uh whether the legislature intended separate punishments um so multiple uh punishment is prohibited only when the conduct is unitary and legislature did not authorize separate punishment according to swofford we state um and that's the swofford analysis is a two-pronged approach first we'd be dealing with uh where the offenses was unitarian and as i stated before i mean if we look at the evidence in this case the state's case was built around messages communications i think that would that goes towards the same agreement and conspiracy that would be alleged in count two i really that that is unitary conduct they overlap and i would also uh argue to the court that the that the um the legislature did not intend for these to be separate punishments we're basically looking at a conspiracy that can maybe may have manifested itself into uh into a first-degree murder situation also uh i mean the state used a single continuous factual course to prove both counts both counts of rows from events occurring between october 28th and 29th 2022 and that culminated mr jennings death now i'm not undermining i mean the the the allegations here i'm not trying to question i mean the jury made their decision and we take responsibility but i think it's very important uh to remember here that it wasn't mr apodaca wielded the sword there was this was basically uh an argument as to accomplish liability based on messages that were exchanged and saying that he somehow encouraged um but miss um he somehow encouraged uh kira mccauley to commit this uh crime and it's pretty well established that kira mccauley was the one who stabbed miss jennings uh multiple times your honor so mr apodaca essentially they're saying encouraged effectively through words and acts which is the basis for establishing a conspiracy uh charge or conviction in the state of new mexico so there is where i believe the unitary conduct uh is identified and based on that i also believe that the legislature would have intended those um two counts in this particular situation based on those facts not to be uh separate punishments uh because essentially it's it's the same act it's based on the same transaction and it would essentially amount to double jeopardy if he were to be convicted of both uh the the state did not identify separate physical evidence um such as dna fingerprint or anything connecting mr apodaca to the killing i think again that goes really to our argument that it's unitary conduct based on elements that apply to the conspiracy count your honor um and then the communications has allegedly established the argument supporting count two while also supplying the alleged planning assistance encouragement and deliberate intent supporting accessory liability on count one and um i mean it was essentially really based on substantial communications between mr mcculley and mr apodaca shortly before the incident and um i mean really the earthy mirrors that the prosecution did not prove two distinct courses of conduct it used one alleged agreement and one continuous set of communications twice so that's where i think it's um unitary conduct and there should be uh we believe that the um count two should be uh vacated but if the court does not believe that that is how the law reads then we would use that same logic to say that the counts should run concurrently now i know your honor read reviewed over uh the mitigation report um and um there has been a history of mental health and substance abuse substance abuse history uh but my evaluator summer allston who prepared that report is also available to communication and login by the login by zoom if the court has any questions um but um you know there were um you know as we stated um he had reported you know suicide attempts during adolescence and subsequent uh counseling he had serious substance abuse problems um involving drugs um prescription drugs including xanax um competency evaluation that i know the court knows well or was at least we had discussed the uh the 2022 competency evaluation but that identified adjustment disorder with uh depression and anxiety um childhood onset post-traumatic stress disorder associated with sexual abuse and multiple substance abuse disorders enforced remission um you know although he was found competent um you know the evaluator discussed concrete thinking slow and halting speech and limitations and of memory and concentration and then detention records documented depression trauma related symptoms um poly substance use uh psychotropic medication treatment past suicide um and um suicide attempts and or delusions of suicide and continuing mental health assessments um essentially i mean i know the state keeps going back to this prior act that he was not convicted of that was brought in um as evidence in this case but essentially really has other than i mean really no prior history as far as convictions or any sort of extensive criminal history before this there was really nothing um and i mean i know he's going to be spending considerable amount of time but i think we could also look towards what he's done some of the stuff that he's done while in custody to look at his rehabilitation potential uh during detention mr apodaca has pursued coursework in english history science mathematics and culinary arts he has maintained regular contact with his family continued engaging in mental health services so he has shown that he can uh comply and participate in programming make constructive use of structure and available programming obviously he's going to be spending a lot of time behind bars uh but compliance participation programming maturity rehabilitation those are all central uh to you know any sort of parole determination but also i think would go into the court's decision making in regards to uh whether the the census should run concurrently if the court doesn't believe that the law uh applies here in regards to vacating um the conviction and count to the conspiracy uh so your honor um but we would essentially argue is that i mean this is very serious tragedy that happened here and we're not minimizing what happened um mr apodaca was found um guilty by a jury of his peers uh but we also want the court to understand that he has uh the potential for rehabilitation he was not the individual who wielded the sword i i i don't want to harp on you know somebody else's sentence and different things and what's going on because i understand the court's job to focus on mr apodaca and and the facts before the court but it's also the the individual miss macaulay who actually did wield the sword uh to complete a second degree murder um and was looking at less time uh than mr apodaca and she got that deal in exchange for that agreement in exchange for uh testifying against mr apodaca and that's where we're here but i mean mr apodaca himself was not the individual who actually uh wielded the sword and if we look at um you know i believe he has the potential for rehabilitation and i also believe that if we look at the logic and the spirit of uh of the law in regards to unitary conduct as well as the um the overlapping conduct between the conspiracy and the that was going on and and the final uh final act i think that um i believe that count two should be vacated but again we would then ask if the court does not believe that to be the case then we would ask that count two run concurrently with count one and essentially it just goes to basic double jeopardy which is of course in new mexico constitution but around the country prohibits placing a person twice in jeopardy for the same offense uh and that is what we believe would be the situation here based on the overlapping facts and as i said i also believe that for the swafford analysis that the legislature would the legislature would have intended uh for those um punishments not to be distinct your honor so based on that you know we would just ask that the court again dismiss count uh two or vacate count two the conviction based on um unitary conduct and the and the legislature's intent not to separate those convictions um and um we would also ask uh if the court does not believe that to be the case based on the law law that count two when you sentence and count two run concurrently to the sentence in cal one thank you [00:50:20] Speaker 1: thank you uh mr opadaka you have the right to elocution to make a statement before i impose a [00:50:26] Speaker 2: sentence do you want to say anything sir um no your honor i would like um your honor if i may if i may have this um um mother miss linda montoya she is present if she could make a statement to the court she may [00:50:49] Speaker 1: thank you okay we have audio on the system so i believe the wheats can hear us but the video link for some reason if you look up at the monitor i can see the system i have here um that there's audio going through but um the video link from the courtroom is not being um broadcast through the google meet portal ma'am if you come forward please [00:51:34] Speaker 6: hi my name is linda matoya i am isaac opadaka's mom i thought i wasn't gonna cry but i am my son before all this was a great man he worked didn't lose a job he always asked me mom what are you making can i have some chicken strips always made them homemade never bottom every day sunday i broke down i cried it's been depressed not depression but depressed and sad because this has been heavy my son was like i said a wonderful man he we talk we do bible studies we talk about god i'm a christian and i brought my son back to christ because he needed jesus in his life and that was a year and a half ago and ever since then he's just we have our conversations he'll talk to me i say no i don't want to hear it let's talk about god i miss four years it'll be five years six years seven years his birthday and no matter what i just pray for my son to have the strength to what he's going through as well i pray for the family has been through this for four years and it's as a mother i have a daughter and i lost her so many times in 2019 was a tragic year and i would have lost her i understand what i just i just want to stand here i didn't want to cry i miss him i miss his hugs i miss his laughter the year that he was in jail he lost his grandmother she passed away and she went home he didn't get to see her tell her goodbye he has another grandmother who's who's suffering with cancer right now and he would never see her hug her or make jokes with her so this has been really heavy on our family as well we just hope and pray every day that i will survive me my husband will survive to see our son i am 50 years old and 30 years from here is going to be a long years my heart goes out to the family as well i am like i said i'm a mother and i just want to let you all know my son before all this was a wonderful hard working man he did not miss a day of work did not call it in he did not graduate he he wanted to go back to school he was attending college to get his ged and he was trying to live his life the way he wanted to i can't say before he met miss macaulay life after life changed for him i hardly got to see him i got to speak to him hardly had time with my son because he had to be home or he had to shut off his phone or he had to do something he was called many names lazy mexican um no good for nothing he was abused verbally and mentally so um him being controlled yeah because when i saw my son by himself he was a happy joyful man but when he was around her he was sad and depressed and depression got to him that he started drinking started doing drugs just to get away but i told him not to be doing that because that that's just a runaway to a problem that's going to cause more of a problem and he was a grown man he made his he made those dumb decisions of drinking and doing drugs and i say i love my son and i wish today i could just hug him for the last time because i haven't had that i just want to hug him and bless him and anoint his hand and be able to see him and pray with him again that's all i can say thank you thank you [00:57:50] Speaker 1: wait for everyone to take a seat um as a legal proceeding this case started four years ago the uh a lot of the reason for delay in coming to trial and now coming to uh final disposition has been the the complexity of the case when the uh cases the two um cases were opened and filed uh in both cases there were issues of competency raised and we had to go through that process um as uh the the cases were investigated and discovery was exchanged um witness lists were generated witnesses were interviewed a couple of procedural things happened i was first notified that mr apodaca had reached an agreement with the state and we set a hearing uh to review the plea agreement that had been entered into at that hearing mr apodaca um decided and it was during the hearing or maybe before but i found out during the hearing that he was not in agreement not accepting the the offer that was made he asked that his attorney be removed and that was in november of 2024 two years ago about six months after that four and a half months after that i was informed that there was an agreement with miss macaulay and we held the hearing at that time about that agreement both of those agreements required as a term of the agreement for modified charges or a cap on sentencing that the individual participate in the decision to participate and testify uh at the trial of the other uh it is common when we have cases where there are co-defendants where we go to trial and it's a game of finger pointing during the trial one is claiming that they were influenced by the other and that that argument goes back and forth and it's it's convoluted and often very very confusing and the jury has to go through and try and ferret all of that out also a difficulty in a case like this is the only three people that i'm aware of that were present at the time of the murder were grace mr apodaca and miss mcculley those were the only witnesses as to what actually happened in those moments everything else that was presented at trial developed in discovery is secondhand or circumstantial evidence i have a number of because i've read all of the victim impact statements from the family but i was just told uh some of you are going to speak so i'm going to hold those notes until we are here with miss mcculley in about an hour or so with respect to mr apodaca's case the court reviewed the uh sentencing memorandum prepared by counsel as whereas the as well as the reported evaluation which gave biographical history uh some medical review and um in reviewing that uh it didn't sound all that different from hundreds of other cases and other reports that i've read over the last 35 years new mexico has some difficult social issues social problems we have extensive poverty in this state um about uh 20 percent of everyone in the state of new mexico lives below the poverty line and i think the last numbers i saw were 25 or 26 percent of all children minors in this state live below the poverty line uh poverty in and of itself is not a cause of crime but it is a common factor that we see because people are desperate they are living from moment to moment we have a lot of housing insecurity we see a lot of emotional trauma physical trauma we see a lack of support for young people and adults at every stage of life we have limited resources so in that regard uh the report i read was not unique there are well if it's if it's 25 percent there's half a million people in the state of new mexico living below the level of the poverty line this case was shocking and i have presided over dozens of homicide cases um on my time on the bench and i think over over time you get you still yourself and maybe become a little bit hardened but this one and the details when it came out uh were unnerving the brutality of the acts the situation under which they occurred what i came to learn during the trial is we had a group of young people that were truly living on the edge they were right on the edge emotionally financially they were moving from day to day the uh the witnesses that testified at the trial in addition to the information about the two defendants mcculley and mr opodaca described a a group of people in our community that i think many of us wouldn't recognize in our own lives day to day there are many of them out there normally in homicides you see a pattern that's maybe not understandable but you can kind of put together the pieces it's a drug situation a drug deal gone wrong jealousy and domestic violence um uh someone uh acts irrationally and kills somebody else with a car you see those patterns regularly this one is very different from any of those patterns that i've seen directly the testimony at trial and all of the information and the hearings that we had in the run-up to the trial was that there was a long-standing plan between mr opodaca and miss mcculley to hurt and kill grace the testimony is clear it is miss mcculley is the one that wielded the sword but everything else necessary to take a life mr mr opodaca not only participated in but he was the the nexus we heard a lot of testimony about the relationship between miss mcculley and mr opodaca and all of the the word dysfunction doesn't even come close to describing the the the kind of day-to-day interaction that they had we heard that miss mcculley had threatened to move out of that shack that they were living in that one car garage if mr opodaca was thrown out so they were both equally involved in that they uh their relationship fed on itself and on each other on the day that this occurred it was mr opodaca who made it happen um he was the one having communications with grace he was the one that was talking to her there was testimony at the trial that miss mcculley was actually upset when she was informed that grace was coming over because of the long-standing issues the the long-standing vendetta that she had he was the facilitator you were the facilitator in latin and legal uh old legal the the the term is sine qua non without which not but for you grace wouldn't have been there that night but for you and your manipulation and your encouragement um and of miss mcculley um bolstering her up shaming her prodding her baiting her throughout the night i'm not sure that she would have on her own followed through with brutally butchering grace under the laws of the state of new mexico you are guilty of first degree murder willful and deliberate as an accessory for all that you did that day and that night in making this happen you are also guilty and the court finds that this is not unitary conduct the testimony at trial it is the ongoing plan uh between you and miss mcculley to take her life to hurt her the first step earlier that day was maybe just to scare her in the park when kara was wandering around in the park with a sword and then grace didn't want to go to the park so the second stage of this happened and then she came back and over the next several hours you baited miss mcculley you prodded her you made sure that you know all of the component parts that were necessary for her to be killed you made sure that kara was the one that did it by promoting this fantasy of a vigilante organization that killed people that were guilty of other crimes there was tank and it was almost like a bad video game talking about to receive rank or recognition within that organization she had to do something and that she had to level up so that she had more position in that organization there was enticement as to what would happen next and wherever you would go together and that you would make sure that everyone else in this fantasy organization knew what she had done so that she got credit for it there was this whole reward system and on the other side of that there was the shaming there was the belittling that you did over a period of hours until kira got to the point where she acted and killed grace murdered grace viciously horribly unexplicably murdered grace before all of this you were basically a petty criminal but you graduated in spades the court finds under the swafford analysis that this is not unitary conduct there are additional elements beyond the um the aiding and abetting and the homicide itself the uh that occurred well before and then uh were acted upon uh during the 28th and 29th the court uh you have been convicted by our jury a willful and deliberate murder the court sentences you to 30 years in the custody of the department of corrections before you are eligible for parole and you do not earn good time with respect to count two the court imposes the maximum 15 year sentence orders that count number two be served first uh he's given credit under the law for the time that he has been in custody uh while the case has been pending against that uh count number two that charge and then uh after completing that sentence he'll complete the life sentence for willful and deliberate murder by operation of law you cannot profit from the incident the court will order restitution that will only happen as a as a part of your parole if and when you are ever released from custody let me uh come back around is there anything else for the state ms murphy will the court consider adding [01:11:20] Speaker 3: in terms of recommendations for parole the no contact provision and the no unsupervised contact refiners [01:11:26] Speaker 1: anything else nothing from the state judge mr nyer anything else [01:11:35] Speaker 7: council council in regards to um svo in regards to count uh count two go ahead uh is it is the court finding that that's a serious violent offense in regards to content was that pled council i don't [01:11:48] Speaker 3: believe so it's not it's neither optional nor mandatory it's a non-svo offense yeah it's not in the [01:11:54] Speaker 8: prescribed list of serious violent offenses just wanted to make that make sure that's clear and i was just my co-counsel was whispering in my ear but that's all thank you anything else [01:12:07] Speaker 1: mr apodaca at this time the court remains you to the custody of the sheriff of santa fe county to be delivered at the earliest possible date to the central correctional facility in las lunas new mexico for classification and placement to begin serving your sentence deputies he's in your custody and may be transported okay yes john ladies and gentlemen uh we're going to take about a 10 minute recess maybe a little bit longer before what we do um uh uh uh bring uh miss mcculley up and allow her to speak to her attorneys for a second and then we'll reconvene uh this is your bathroom break my intention is is to go through her sentencing as one uh one continuous hearing without taking breaks in between um mr nyer you and your co-counsel uh and um if they wish to leave um mr apodaca's family can leave at this time okay thank you thank you so much everyone have a seat for just a second please i'm going to let them leave and then i'll let everybody take their break and if you're not coming back for uh the second um hearing that's that's fine as well but this is a okay let's go on the record let's go on the record the court calls on for hearing uh state of new mexico versus kira mcculley this is criminal cause d101 cr2023 68 appearances please haley murphy [01:13:55] Speaker 3: and tony long for the state and joined at council table by sergeant javier b hill here tom clark [01:14:00] Speaker 9: and sam rule for the definite kira mcculley who sits to my left in custody and we're on for final [01:14:05] Speaker 1: sentencing uh parties ready state's ready mr ms murphy [01:14:26] Speaker 3: as the court's aware we're here for sentencing after a plea and disposition agreement um and that the agreement was to hold out sentencing until after the trial and sentencing of isaac apodaca in light of miss mccauley's cooperation agreement as part of her plea uh your honor we just went through the facts again um a minute ago and i won't reread that factual history but ultimately we know that kiara used a sword to brutally uh kill grace jennings on october 9th 29th 2022. she and isaac came up with a plan where grace ended up coming to the house and kiara intended to confront grace about the things that kiara was convinced uh grace had done to kiara uh like orchestrating a gang rape that had been filmed put on the dark web and viewed by isaac apodaca we know that this is one of many um delusions that um that kiara was engaged in that she had beliefs about uh vigilante groups that isaac apodaca was allegedly a part of um and then after a multi-hour conversation over the over the phone um and social media with isaac apodaca and after some statements by him that grace um had admitted to this gang rape um he after isaac apodaca stepped out of that garage uh kiara macaulay just viciously uh took grace's life um she has entered into a plea agreement with the state and that was pledged in february of 2025 and then we've agreed to hold out sentencing she's foregone any sort of good time during that period um in an agreement to keep her at the adult detention center just review the plea terms which is first of all she pled to second degree murder um that we then aggravated by a third as the courts aware any sentence can be mitigated or average aggregated aggravated by up to a third um if there are factors that justify doing so this is a second degree felony offense resulting in the death of a human being a serious violent offense um and it occurred as i said on october 29 2022 here in santa fe county off jaguar that was a lesser included of count one of the indictment she also pleaded to count two of the indictment conspiracy to commit first degree murder under willful deliberate theory this has a basic sentence of 15 years um and uh occurred at least concluded on october 29 2022 although we as we've discussed previously know that the conspiracy had been ongoing for a long period of time now that here also occurred in santa fe county new mexico the agreements to the plea um are that they the council run consecutively to one another for all purposes for a total jurisdiction of 35 years the way the 35 is established is the underlying basic sentence for the second degree murder aggravated by a third to 20 years plus the conspiracy to commit the first degree murder the additional 15 years these shall run consecutively for all purposes uh the aggravating factors that the parties stipulated to the party stipulated to you there was the brutality of the homicide the use of a long-bladed weapon time involved in planning the homicide the conduct of the defendant after committing the homicide um and um excuse me and the conduct of the defendant after committing the homicide they have stipulated to this aggravation um which would otherwise be something the uh the fact finder would have had to have found either at trial or before your honor because of the cooperation agreement which is extensive and ironclad um and required her to cooperate fully and truthfully and forthrightly with the first judicial district attorney's office to undergo a debriefing with sfpd sergeant javier v hill to undergo a pre-trial interview with the defense and to testify at trial and any subsequent proceedings where we compel her to testify um if she fulfills those agreements which to date she has and uh isaac apodaca has now been sentenced uh she will be sentenced to 30 years of actual incarceration in the department of corrections the remaining five years will be suspended and served on supervised probation so after her time is up she will be monitored in this community for uh for five years is there a stipulation as to which [01:18:42] Speaker 1: count the credit for time served is applied i believe it um the agreement says that count one is to be served first but i couldn't find language as to where uh time pre-sentencing uh where that's applied [01:19:01] Speaker 3: given the that count two will still be can some of count two will still be consumed we do ask that the pre-sentence confinement apply to count two rather than to count one and i think that's since all of count two is not being fully suspended i think that that could be that that is appropriate which would increase um given that count one is an svo i think that's the appropriate determination and there was no agreement otherwise so we'd ask that as part of imposing this this agreement it's 15 years um and the underlying of count one plus five for 20 years at an svo the remaining 10 as to count two to get to the 30 with the four-ish years of pre-sentence confinement applied to the back end on count two um in addition to being on five years of supervised probation wait a minute you said the back end do you [01:19:52] Speaker 1: mean that that would reduce your probation period by that time that i by law i think the pre-sentence [01:19:59] Speaker 3: confinement has to apply to actual incarceration so on the back end of count two meaning i agree sure on the back end meaning the the period of incarceration as to count two in addition to being on supervised probation of five years upon release she will also be subject to a two-year term of parole during which she will also be monitored while on probation and this is on page two of the plea and disposition agreement filed into the court record on february 11th of 2025 she will of course be required to obey all laws comply with all rules regulations and recommendations of probation as determined by adult probation and parole and in addition to the standard conditions of probation excuse me of probation and recommendations for parole um the following shall apply uh one is that there shall be no contact with the victim and by that we mean next of kin or their family members during any period of incarceration probation or parole in particular that would be uh roma and arlo jennings two the defendant shall enter and successfully complete any treatment or counseling program as recommended by probation or parole or treatment providers three she will not be permitted to reside with children under the age of 18. four she will not be allowed to have unsupervised contact with anyone under the age of 18. five she must submit a dna sample for entry into codis and pay the 100 dna fee as is required for all felony convictions she must pay restitution and she must conduct community service upon release as i mentioned the cooperation agreement is ongoing so if mr apodaca's case came back before this court on a habeas or another appellate matter that required her to testify again she would be required to do so um and failure to do that would essentially nullify the sentence as it stands and allow the state to argue for the higher sentence allowed under the plea and disposition agreement as i mentioned this plea required a number of things one it required her to plead guilty and to acknowledge um you know some take some responsibility for what she what she did um but it also required her to undergo the debrief with the case agent sergeant v hill that pre-trial interview which was um which was lengthy she's also had to meet with myself in preparation for trial and then she was subject to cross during trial testimony um and that'll go go on as you're aware there are victims next of kin who stand in the shoes of the the victim when someone is deceased that are present today the notice of victims of crime act has been satisfied and your court has their your honor has before you the list of individuals that will address the court and i want to speak to some of the victims rights in this case as you're aware victims and their families have a right to notice the right to attend at the same hearings as the accused and the right to confer with the prosecution and in reaching this agreement the state had multiple meetings about this plea offer the plea offers including one with the victim's rights attorney um a counsel for the next of kin who's a well-known trial attorney he's both prosecuted and defended cases um and his personal stance with this um was that this was the right decision this was in the best interest of justice um and we understand that victims may disagree with plea decisions um but their agreement is not required under the law individuals are grieving and they may not be able to make objective decisions they're often without all the full scope of the facts or the legal expertise to analyze a case and when we've lost a loved one or had a loved one hurt i think many of us would be unable to fully weigh out the the pros and cons of any decision is made and so that decision rests squarely with the prosecution after conferring with victims we know the jury trials can have uncertain outcomes and plea agreements when justified ensure a conviction that is without appeal and you know here uh ensured that kiara macaulay had to fulfill her end of the bargain and will serve a substantial period of time in custody decades with supervision upon release judge in evaluating this case we knew that the physical evidence against kiara for murdering grace jennings was strong and that's an understatement um but we also knew that if we went to trial against kiara and weighing things out and knowing that juries are uncertain uh we knew that defense may present theories or maybe their own evaluations that attempted to mitigate her mental state or introduce doubt into her level of culpability um we also know that it only takes one juror to buy into those theories and that would prevent a conviction we also knew that the defense may try and paint grace in a negative light or bring up uh history or past um that even if the state found irrelevant or disrespectful may be ultimately admissible and we worked hard and consciously in this case to do our best to protect grace's memory and dignity um we also knew that in order to convict isaac ultimately we needed kiara to testify to the history of domestic violence to the sex work um and the hours of text messages and prior planning while some of those things could have stood on their own um without kiara helping explore those issues our expert would not have been able to weigh in and we needed her statements through law enforcement and pre-trial interviews and the like to help explain how someone could so aggressively aid and abet or exercise coercive control to get somebody to commit a murder as just otherworldly as this um these this this case stands apart from most other murders and it's difficult to grasp how someone could um compel and push and conspire with someone to do something like this so in evaluating the case in order to ensure um ensure justice against both defendants we ultimately made the hard decision and it's never an easy decision as a prosecutor um you know using the term flipping a defendant offering a cooperation agreement comes with risks and benefits um and it sometimes can backfire they can refuse to cooperate at the last moment um and leave the state kind of holding the bag right before trial thankfully that didn't happen here it is never easy to enter into a bargain for exchange with someone that you know also has criminal culpability especially in a case like this but it was ultimately the decision of myself in my office that this was the best chance for justice as a result of this plea uh kiara will as i say spend decades removed from society she'll have opportunities to to grow or get educated should she wish to avail herself to them but at a minimum this 30-year sentence will ensure that um she is is is removed for a very long time and that we we got fairly close to the 30-year basic sentence that comes with life as i said it's never easy to make these decisions um but in order to ensure that isaac abedaka was also held accountable we felt that this was the necessary choice we needed to make at the end of the day your honor i appreciate that that ms mcaaulay has fulfilled her end of the bargain from the state's perspective um repeatedly her testimony was corroborated by the facts and circumstances of the case which leads me to conclude that it was truthful and forthright um and that doesn't change the fact that she just brutally murdered someone she took a life and she conspired with her her boyfriend um her partner who while abusive and while maybe also pimping her out um it was still her choice to ultimately pick up the sword and take grace's life grace was loved we heard that through some of the victim impact statements earlier and some more that we'll hear people have described her as a very bright spot in a lot of lives um and as is rare in most of the murders we see grace was completely innocent she did not deserve to die this wasn't a drug deal gone bad this wasn't um you know some other sort of gang rivalry or something this wasn't the taking of a life without any justification um and this plea contemplated that while also trying to ensure that that both people are held held to justice um i believe that they're your honor has some um the names of the individuals who wish to address the court and then i'll have a few final comments [01:28:53] Speaker 1: um i have uh is that uh sienna i can't read that's handwritten miss nets good afternoon what would you like to tell me ma'am sure sierra nets [01:29:16] Speaker 10: thank you your honor and thank you for allowing us to speak about the impact that this malicious and senseless act has caused to grace's family and to everyone who has known and loved her and there's little that i can add about the emotional and mental trauma experienced by all that loved grace to what her grandmother her mother and her sibling will have to say but as a lifelong close friend of grace's mother i've had the privilege of watching her grow up and become a young woman just entering her prime ironically kiara and isaac cut grace down just as she was entering this season of her life but both of them will live to see theirs in fact kiara is likely to be back in the community by the time she's 45 still in her own prime while you are considering sentencing i ask you to to include not only the extreme emotional and mental trauma that the family have clearly endured but also that they will never feel safe again after the murder the newspapers immediately printed isaac's made-up story about the events around grace's death and as we know a lie can circle half the world before the truth can tie its shoes there is no taking back the picture that isaac in the media painted of grace as a degenerate looking to stay with a couple that she was in a love triangle with that she was in a love triangle with her killers as soon as soon as the words were printed in the santa fe new mexican they were repeated by every true crime podcaster on youtube many of them contacting the family and friends harassing them for details or exclusive interviews additionally grace's mother and sibling were doxxed when unedited body cam footage was released that contained footage of the mother stating her address ultimately arlo and roma had to move out of their home and now not only have we been robbed of our beloved grace but the lies about who she is or was are now cemented into public record forever while her murderer and the cause of all of this trauma will be out back in the community at my age um and this i feel is a great injustice thank you [01:31:56] Speaker 1: thank you um is it justin or justine ritter justine please come up [01:32:20] Speaker 11: hello thank you your honor for allowing me to speak i'm going to try not to cry i'm a lifelong friend of roma and i had the privilege of watching grace grow from when she was very little to the beautiful young woman that she was going to become i feel like grace's humanity was removed in this case and it all came down to facts i understand that that's the way the law works but i want to try to inject some of her humanity here grace was funny she was she did the best impressions she had such a big personality and the best laugh she could make you feel loved and at ease in a moment and her personality filled the room like no other i cannot put into words what it felt like to lose somebody like that and also to be forced to watch my friend's worst moments be played out in the newspapers and online and watch my friend roma shatter because of what these monsters did to her firstborn it has been broadcast without regard towards the family like sierra said the family has been doxxed and been forced to move at their own financial hardship what this crime has done to myself and all of us has changed us on a cellular level i feel it every day people ask me what it feels like it feels like it feels like a white hot burning rage in my body i'm so angry i'm so angry i'm so angry at these people who what they did i'm angry that they're going to get to see their families and talk to them again and we never get to ever hear grace laugh again or hold her or see her beautiful smile these two monsters stole from us what cannot be replaced nor forgotten and life in prison just seems like too light of a sentence there's no sentence really that i think that the court could ever bestow that would match what was taken from us and then the family we are forced to carry our own life sentences of pain and grief and anxiety and fear i am terrified that if these people are ever allowed back out into this community they not only present a true danger to my friend and her family but also to the community at large they are clearly unstable and unfit for society i know it's not my choice but i had to make my feelings known and that's all i have thank you thank you for your words [01:35:40] Speaker 1: is that becca whitaker fort [01:35:55] Speaker 12: thank you hi thanks your honor to whom this may concern i am a family friend of grace jennings i met gracie when she was around seven years old she was a bright-eyed energetic friendly intelligent funny spunky little girl full of life and full of love i became fast friends with her mom and aunt while taking classes at the santa fe community college and was fortunate to meet their families and ex an extended family and ended up knowing more family and friends from around town i saw grace grow all the way up into adulthood and she was always deeply loved supported treasured and cherished by her family she met a nice man got engaged got some cats got an apartment albuquerque she had grown up and was beginning a brand new and improved chapter of her life and then she was taken even stolen what happened to grace is indescribable and all i can think of is meeting her as that lanky little kiddo with so much energy and a million hilarious questions watching her family go through this loss has been heartbreaking in a way that i can't begin to explain watching their mistreatment and exploitation by every system they have been subjected to seeing them all over the news tabloids and social media from sources around the globe has been harrowing disturbing nightmarish and twisted i had to stop engaging with people online and trying to take on grifter content creators who have insisted on spreading untruths about grace what happened and her family i've spent hours searching for content when it wasn't just coming into my algorithm to argue with people who had the details wrong who are researching her character who are sensationalizing and even laughing at the tragedy witnessing her family sorrow pain torment and metamorphosis has been distressing and vicariously traumatizing the perpetrators live in the same area of town as me and i passed by that house regularly it's unsettling airy and wrong i wish that hoarded home would be demolished being in the presence of pure evil has been unnerving and sickening to say the least meeting eyes with one of the perpetrators in court made me feel physically ill and looking at their hands the hands that could do such wickedness to my friend's poor child i have certainly lost hours of sleep and countless moments of peace thinking about grace's last moments where is she now how is she is her soul at rest is she reincarnated does she know how loved she was will her next go around be better how can we make sure she's never forgotten how can we get something good out of something so absolutely horrific did she know that i loved her so many questions that no one will ever know i in no way can compare how i've been impacted to anyone else's experience but attending hearings trials and all the other events i've attended to show support i have not been able to really talk about with anyone it's too dark too disturbing for anyone on the outside to be able to handle i tried and it seemed to be too much so i've kept it all in my mind i just need to keep it to myself and just be strong for this family and i will because they deserve it what they've experienced i would not wish on a sworn enemy does justice really exist i mean truly and actually exist i don't feel like it does in this case the utter senselessness and evil of it all grace deserves so much better in life and so in death please do the right thing and assure us that isaac apodaca and kiara macaulay will never see the light of day please do the right thing and stop allowing plea deals for murderers thank you [01:40:44] Speaker 1: i can't read the first name but uh uh rivera please tell me your first name it's laura laura yeah i can't read the writing yeah sorry i'm a little um that's okay take your time [01:41:10] Speaker 13: your honor my name is laura rivera i've been honored to be roma's close friend and hairdresser for years i've witnessed pain that no parent or human should ever have to endure there's not a day that goes by where my brain isn't haunted by the impossible phone call room uh i'm sorry the impossible text roma sent to me the morning after this nightmare began and she did this so i wouldn't have to hear it on facebook first that sticks with me um and the nightmare never ended and will never end the internet the news it makes the enscape the escape impossible i reread old messages between roma and i um before this began and would give anything to go back to the days before this haircut ideas birthday ideas and pictures of our mutual best friend who we both lost and i thought that was going to be the most painful loss one could really experience um but then i became aware of the existence of kiara and isaac i'll always remember grace as a little spunky older sister who got so excited when the clippers would come out so i could give her her iconic unicorn cut that she fearlessly rocked grace's life was just beginning she was growing and dreaming and beginning her adulthood meanwhile two deeply disturbed individuals were quietly planning to end it tactfully detailed and with intent this is why the initial plea offers involving kiara and isaac left me deeply disappointed though i don't have the fullest understanding of the law to me they did not reflect the gravity of the sickening murder and the permanent loss racist loved ones will face every day and forever nothing can bring justice to grace truly i think we all know that and i ask for the maximum maximum sentences permitted by law for full accountability is necessary to recognize what was taken from roma and arlo and protect our community as someone who grew up in new mexico i'm exhausted by the violence and fear we experience time and time again due to the failures of the justice system and the mental health system it leaves lasting trauma and the thought of sharing our community with people capable of such cruelty is a never-ending violation of safety i recognize the gaps in the mental health care in our state and the judicial system and we need to address them while protecting our communities and if what happened to grace doesn't show the need for serious change i'm not sure what will kiara's eventual release does frighten me the miss mourning signs from those responsible for her is kind of alarming i do believe isaac was a catalyst but kiara's intent was clear and it was clear for years and i absolutely believe this would have played out at some point if the opportunity had presented itself the fact that this occurred in a city worker's home who testified that there was uh she was aware of some of the behaviors and issues such as the sex work an adult with a minor and no law enforcement being contacted after coming into that knowledge is disturbing kiara's possible release supported by those around her adds to my unease especially given the time frame for how long this behavior went on and the multiple warning signs i understand were witnessed and ignored serving time alone does not reassure me that the danger will have passed and i asked for the strongest legally available supervision after her release for the longest period authorized at a minimum we need legislation focused on preventing more violent crimes uh such as this one and improper plea deals and mental health issues is to continue to be overlooked i propose that violent criminals who commit first-degree murder that are released back into our society have no cap on probation terms and monitoring for the rest for the remainders of their life i understand that may require a change in law grace deserved to live and she deserved to be remembered for her life and love in the future she should be having her family's loss is forever and we're tired of living in this fear and i ask for true accountability protection and lasting change thank you your honor thank you [01:45:49] Speaker 1: uh the next two names i have are uh roma and uh ario jennings if you want to come up together you may [01:46:01] Speaker 14: i brought you this so you could see grace thank you ever quote i can't even imagine unquote this is the response i get without fail every single time i reveal any aspect of the impact this crime has had on my life and yes my life is unimaginable since October 29th 2022. How can I heal or even get help when not one person around me not a doctor not a therapist not a lawyer not a prosecutor not a teacher not a boss not a police officer not a friend not even a parent or a sibling or a child can even begin to imagine how I feel it is profoundly isolating I feel like I am standing on a continent alone because grace was stolen from me I can imagine I know I will never leave gentlemen we need to do anything no [01:47:28] Speaker 1: apologize for the interruption please continue if you want to back up you may continue okay [01:47:33] Speaker 14: because grace was stolen from me I can imagine I know I will never leave this continent it is my hope that not one of you who uttered that phrase to me is ever able to imagine the despair I feel at her loss I truly hope you will never be able to imagine what my life is cleaning the house going to work keeping appointments all the while haunted by images of my own child's ruined body and her terrible last moments on earth I hope you'll never be able to imagine struggling just to pay bills because your ptsd is so bad you can't work while true crime content creators and news outlets enrich themselves off your family's tragedy I hope you never have to imagine not being able to look at photos of your firstborn child because the pain is so acute you can't even breathe I hope you'll never be able to imagine what it is to stand alone on a continent Grace's murderers stole from me not only my daughter but my privacy my autonomy my sense of self and security my community and my humanity I'm not just a woman anymore I'm a monument to horror my the public consumption of my and my family's grief has caused irreparable damage damage that I can imagine will worsen I'm often recognized by strangers because of the voracious public interest in the story of what happened to Grace and it makes me fear for my life and the lives of my family every single day accepting the fact that Grace is gone forever I'll never get to see her get married or have children or achieve her artistic goals or save another animal is such an injustice to my own constitution that I feel it on a cellular level no one outside of a person with a time machine can ever correct that injustice that is why instead of concerning myself with justice I concern myself with safety I would like to remind this court that to this date neither of these murderers who conspired to kill and then brutally executed Grace with glee and joy in their hearts ever expressed one word of remorse for the life they stole or the irreparable damage that they caused to an entire community Macaulay expressed some regret but only for the loss of her quote beautiful sort unquote there is no question that people who could kill with such callousness and such depravity will absolutely reoffend Macaulay and Apodaca a danger to myself my family and this community is my sincere wish that neither one of them ever lives one day outside of prison walls and I ask this court to send us sentence them both to life in prison without possibility of parole thank you judge thank you [01:51:16] Speaker 1: I mispronounced your first name Arlo [01:51:19] Speaker 15: um yeah my name is Arlo Jennings I'm Grace's younger sibling I'm now older than her um yeah what I have to say today is that Grace's killers are not monsters they are not demons or the epitome of pure evil as the general public has deemed them they are people just like anyone else they are two small sad people who in an act of desperation to feel larger than they are made the hair-brained decision that murdering my sister would make them feel better about their pathetic existences in their own words they thought they could end their suffering by ending her joy but in this act they only exposed how truly puny they are what they did and how they did it it it doesn't take any sort of unique capabilities they took advantage of Grace in her weakest moment they trapped her in their house when she had nowhere else to go that day Grace had four root canals she was tired in pain and still foggy from the anesthetics Isaac was so scared of getting his hands dirty that he had to manipulate his teen girlfriend into doing it and Kiara you stabbed her in the back when she wasn't even looking you couldn't even face her you both gave her no chance to defend herself and waited until she was just as weak as you to strike these are not the actions of monsters these are the actions of cowards I'm so angry that two such insignificant people could take away someone as important as Grace it feels so cosmically wrong like it shouldn't be possible but that is the reality of the situation so no I do not see them in my nightmares I do not shiver in fear when I see them in the courtroom or when I pass by the house where Grace was murdered in fact I hardly ever think about them the only time I'm usually unlucky enough to have them cross my mind is when they ambush my memories of Grace I sat through every single day of this trial I saw every photo and every video and around every corner of that house I was assaulted by a different memory of Grace in that exact place in that very garage I saw us watching cartoons eating Halloween candy and laughing and I am filled with regret over every second of friendship kindness or care that my sister or I ever wasted on such a sorry excuse for human life as Kiara in your consideration for sentencing myself and the rest of my family ask that Kiara Macaulay and Isaac Apodaca never see the light of day again spend the rest of their lives behind bars in this demand we are not seeking punishment for no punishment could ever be enough nor would it undo the heinous crime that they committed against Grace our only goal is the safety of our family and our community for this is how they chose to spend their freedom and given the opportunity upon their release I have no faith that they will not do this again weak minds are a dangerous thing and nothing is stopping them from randomly deciding that they have a problem with some other innocent person and plotting to kill them whether that is me another member of my family or someone else in our community this is a risk that we cannot afford all we ask for is safety not justice because this court is incapable of ever delivering justice from the moment Grace was murdered nearly four years ago this system has done nothing but spat on Grace's grief and torture my family and you should all be ashamed of yourselves thank you [01:55:34] Speaker 1: Ms. Murphy anything else on behalf of the state [01:55:38] Speaker 3: no your honor oh yes briefly i i don't want to rehash the comments that i made and mr apodaca's sentencing but i i would like to re-acknowledge the um the efforts of santa fe police department including the follow-up interviews the debrief with miss macaulay and the leads that we uh developed as a result of that um and the thousands of combined man hours between my office and that department um and understanding that this is from the state's perspective um a day of justice we ask that you follow the sentencing agreement [01:56:13] Speaker 1: uh mr rule mr clark on behalf of macaulay [01:56:19] Speaker 9: good afternoon nothing about this case in my 30 years of experience um can bring there's there's there's no rationale for any of it um like you said before during mr apodaca sentencing we all see drug deals gone bad um jealousy uh drinking whatever it may be but there is nothing that prepared mr rule and i for this case and there's nothing about any of this that ever made sense and so one of the things that many things that uh victims family said um justice is sometimes elusive but in this case isaac apodaca had the opportunity to take responsibility he did not kiera macaulay had the opportunity to take responsibility and she did and that is why these two defendants are are separately situated today for sentencing purposes i know that brings a cold comfort if any to grace's family because the brutality of this killing defies imagination but when mr apodaca turned down his opportunity to take responsibility and fired his very capable lawyers and needed to and persisted in a trial the state needed kiera macaulay as a witness to bring some sense of justice in a legal sense to this community kiera macaulay was lost sad easily manipulated um easily easily uh turned into a tool of violence by isaac apodaca who put this entire event into motion and because of the way this unfolded the state would have had a very hard time convicting isaac and he's doing life plus a bunch of change and for the families understand i don't know if they understand but life means you're only eligible for parole eligible for parole after you've done a hard 30 after you've done 30 years plus the other time he has to do miss macaulay on the other hand opted to take responsibility opted to undergo all the debriefing opted to put off sentencing at the state's behest and testified truthfully at trial and as sometimes frightening and chilling as her testimony was and as frightening as this holy event was it was her testimony that now has mr apodaca sentenced to his life behind bars and so there's no bringing anybody back there's no sense of justice in a moral way or even in an existential way the question of the whys and the hows and the whats have always eluded me in this case and we eluded mr rule why did this happen and there is no intelligible answer miss macaulay would like to read a a short letter but the um the facts of this case will haunt everybody involved facts in this case are unimaginable and i can't imagine how grace's family feels they've expressed themselves but the da's office had a very hard decision to make because in order to get one you had to have the other's testimony and miss murphy chose to offer kiera macaulay a plea because isaac apodaca was the instrument behind this murder he might not have wielded the sword but he is he was and he always will be the impetus behind grace jennings death so that i don't have anything else to say i'd ask you to follow the agreement [02:00:33] Speaker 1: and sentence my client accordingly miss macaulay miss uh kiera does anyone else wish to speak before i hear from her no sir to go last no [02:00:55] Speaker 9: she's a short prepared speech [02:00:57] Speaker 16: to those who knew and loved grace jennings i'm sorry grace is gone and i'm sorry she had so much life ahead of her that i took away if only i could undo what's been done i feel dishonorable due to my hands and toxic headspace that led to grace's passing i understand i may never be forgiven forgiveness is not something i feel i deserve i acknowledge the anger and pain that you have and i believe that no one should ever feel that way in my eyes i'm taking responsibility and ensuring that both guilty parties are subject to true justice i learned too late that the pen is mightier than any weapon i love all the things i took part in that led to that day there's understanding you may not believe me but there is honesty and sincerity in every word my intentions are genuine my guilt eats at me every night i can't close my eyes without and have without reminders of what i did and what i what i've experienced sometimes it consumes me truly i try to be better but the past is not something we can change i would tell you everything that that caused me to do what i did but we've been down that highway and to me it's no excuse to my heart nothing can explain it away nothing can change the fact she's gone and that is something i have to live with it for the rest of my life i know my words may not change anything but no my remorse is genuine i pray hope and dream to never see anything like this happen again to someday break this cycle of darkness and to find the light grace was in every person she touched maybe even in me i train that someday i can say mistakes do not define you it's what how you handle them is what shows who who you are thank you for your time [02:03:03] Speaker 1: counsel if you'll take a seat um i just have a a few comments and it covers a couple of different topics so i'll start with probably the least important things and kind of move on from there um maybe not the least important we live at a time in the society that has some serious problems and not just we've heard about mental health issues in this case and violence and drugs and you know all of those kinds of things but it's the way we as a society respond to things that concerns me we live in an age where everything is instantaneous used to be the you know the 24-hour news cycle the stories came and went in a short period of time until the next most uh shocking or salacious thing came up and then that's what people focused on it's not even that anymore because of social media everything is instantaneous and i don't know if it's been true throughout history but it's been true through my lifetime that the more extreme things are the more people seem to pay attention and because of that that's what we see um we see in the media we see in social media those themes played over and over and over again and so when you were speaking earlier about the the effects on your life since all of this happened it is something that i have heard before maybe not to this extreme uh it is something that i've experienced myself in my tenure on the bench where a case will come along or something will happen and there's all of this attention to it and everybody wants more everybody wants another piece of it and i don't know why we do that but i think it's a malign a malignancy i think it's something that is growing in our society and it's changing the way we deal with each other and it is eroding the basic respect that we have for one another um beyond everything else i'm i'm sorry uh like i can't change that for you but i want you to know that i i recognize that and it's a very very real thing with respect to the the case what i heard from uh read in some of the uh victim impact statements and then heard from uh both uh arlo and miss rivera where this is a judge's lawyer's mind i heard kind of an indictment of the system of the process in general and i think i understand where that comes from our system is imperfect it has a lot of shortcomings much of it is very formalistic and in that i think we lose some of our humanity i've spent my whole life thinking about and i guess trying to understand this concept of justice and there's been moments where i thought i knew what it was justice is balance justice is this justice or that i've come to the conclusion that justice is an ideal that we strive for and i'm not sure that it's possible for us as people to achieve that if you're from a religious tradition you hear about divine justice you know the the end of times where there will be a final judgment of our actions and how we conducted ourselves or in other religions how your actions in this life will dictate what happens to you in the next life i think that's the goal that we figure out how to create institutions that approximate that in this case we heard a lot about the other problems in our societies of the lack of resources and how people who demonstrate that there's something wrong don't get attention don't get help don't get support and that's very very true i see that every day from this vantage point and as i mentioned earlier today our state is particularly vulnerable to that for a whole host of of reasons but we are we don't have resources for people that have emotional behavioral issues you know we gauge people's behavior against this idea of what's normal or what's accepted i don't think that's a fixed point it's a range we collectively as a community agree as to what is appropriate behavior that is necessary for all of us hopefully to live and to thrive and when that i think very low bar is passed is when we call it a crime or when we call it an abomination of some sort this case is the quintessential example of all of that from day one the salacious nature nature of how grace died was exploited the formalistic process that the legal system follows added to that the feelings that we have as individuals when we're so deeply hurt is to ask the question of ourselves and of everything else around us who's responsible for this ultimately she is and mr apodaca is but there's a sphere outside of that that we talk about and that we think about that could we have done something different as an individual could i have seen these signs could i have made a different decision could i have done this and then we expand that to the community what are we doing i heard in i think it was mr rivera's comments to me suggestions about basic things that need to change the way we approach extreme situations all situations involving behavior where humans other people in our community are injured these two young people are damaged and i recognize that and as i said earlier they're not alone the the brutality of this the way it happened the lack of any real understandable motive as to why this happened is a lesson for all of us that we need to pay attention and we need to act we need to do something what i can do from this this chair is limited i'm bound by the conventions and the laws in the social contract that we live under and sometimes it feels helpless sometimes it feels like even with all of those resources that i do have that it's not enough so i'd like to talk more specific about this and and what happened um grace's crime was trust she was at a weak point in her life she was at a weak moment in her life and she was in communication with somebody that she thought she had a safe relationship with who was well two people but one doing the talking and initially who were plotting to harm her and had been doing that for a long time as far as i know from what i've heard during this trial she didn't see it coming the way that came to be came to be was she was lured into a trap and then the trap was sprung and it took time and it took as those of you that attended the trial know it took a lot of effort mr opadaka went to great extremes to make sure that grace was there that she was basically isolated that kira was torn down emotionally she did express as we went through the trial several times reticence holding back as to whether or not to do this and he worked through all of that she was there too though and i don't i recognize that she had this same mindset that it was okay to strike out and murder somebody else because of whatever this created universe was that she and mr opa dhaka were living in i i heard your words and i have no better words to describe when you said that there that there aren't monsters i think about that having raised children and when they're little we tell them at night when they wake up screaming that there are no monsters and we'll try and sue them by giving them that safety and reassurance i have said and i've said it before in court there are monsters they walk among us they prey upon us whether it's financially by stealing from us by stealing from us emotionally by damaging us when we're vulnerable or in the most extreme physically attacking us the two of you acted in concert you made this decision collectively the difference is you acted you raised the sword at her weakest moment and you attacked her brutally until she was dead and you were sure of it whether it's good lawyering or an actual feeling of remorse i'll never know i know the state made its decision that they needed your testimony in order to be able to convince convict mr opa dhaka but that doesn't diminish what you did or how you got there you committed all of the same elements of the crime of willful deliberate murder that mr opa dhaka did that you received the benefit of a lesser charge in exchange for your cooperation to secure and ensure his conviction as well in that you've already received all of the leniency and benefit that you'll get from your decision to take a plea and to cooperate at this time the court is to count number one sentences you to 15 years in the custody of the new mexico department of corrections and enhances that by one-third by stipulation the court having reviewed the stipulated facts of the parties finds that there are aggravating circumstances that justify the aggravation of the base sentence by one-third as to count number two the court imposes a sentence of 15 years by agreement your plea the two charges run consecutive one to the other with count number one being served first count number one is a serious violent offense which means you could only earn comes out to about four days a month but actually it's 85 percent of the total sentence of those 20 years under the agreement five years of count number two are suspended you are placed on supervised probation the court adopts all of the recommended additional conditions of that probation you will also serve at the concurrent with that for the first two years a period of parole the court applies the pre-sentence confinement against count number two so you will have to serve out all of count number one before you start serving count number two mr clark is there any need for clarification don't believe so judge thank you ms murphy you're going to prepare the judgments and sentence do you have any questions no your honor uh ladies and gentlemen uh would like to on behalf of myself uh thank you all um at this time uh ms mcculley i remind you the custody of the sheriff of santa fe county to be delivered at the earliest possible date to the new mexico women's correctional facility to begin serving your sentence we are in recess and off the record judge may we talk [02:17:14] Speaker 9: with you in the back for a sec thanks [02:17:31] Speaker 17: your obsession's over you keep me guessing what is that what you like girl is that what you like you can touch i don't mind if you break you buy