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Judge orders release of inmate at center of dispute over New Mexico's 'second chance' law

State Parole Board says it's still reviewing ruling in case that could have broad implications

A recent legal dispute over the interpretation of New Mexico's second chance law prompted a state judge to order the release of an inmate convicted of murder and other crimes in 1996. The law was intended to give offenders convicted for serious crimes committed at a young age the opportunity for parole.
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SANTA FE 鈥  After nearly 30 years behind bars, Jesse Tooker is set to start a new life.

A state judge this week ordered the release of Tooker, a New Mexico prison inmate who has been at the center of a legal dispute over the state鈥檚 recently enacted 鈥渟econd chance law鈥 for serious youthful offenders.

The sister of Tooker, who has spent more than half his life in prison after being convicted of murder as a teenager in 1996, said Tuesday she was 鈥渆cstatic鈥 after learning of District Judge Francis Mathew鈥檚 ruling.

鈥淗e gets to live his life,鈥 said Sarah Htoutou, who has repeatedly traveled back and forth from her home in Texas to Santa Fe to attend court hearings in her brother鈥檚 case. 鈥淎nd we get our family back.鈥 

New Mexico鈥檚 second chance law was passed in 2023 after several years of emotional debate at the Roundhouse. It was intended to give people sent to prison for serious crimes they committed between the ages of 14 and 17 the opportunity to make the case that they have turned their lives around after serving a certain number of years behind bars.

The exact number of years depends on the crime committed.

But the New Mexico Corrections Department declined to release Tooker from prison last year even after he was granted parole by the state Adult Parole Board, relying on an advisory opinion issued by the New Mexico Department of Justice. Instead, he was paroled into two consecutive counts 鈥 both stemming from the same criminal case 鈥 that total 22 additional years in prison.

A lawsuit was filed challenging that action, with Tooker鈥檚 attorney Stephen Taylor arguing during a recent court hearing that legislators鈥 intent was easily discernible when they passed the new law three years ago.

鈥淚t鈥檚 clear from the language the Legislature was creating a meaningful opportunity for release for people like Jesse,鈥 Taylor argued during the court hearing in Santa Fe last month.

In his Monday ruling, the judge appeared to agree with that assertion, finding the New Mexico Adult Parole Board had violated the second chance law by not releasing Tooker and instead paroling him into the consecutive counts.

Jesse Tooker, left, listens during a court hearing in Santa Fe last month as his two attorneys converse. A state judge this week ordered the release of Tooker, who has been at the center of a legal dispute over the implementation of New Mexico's second chance law for serious youthful offenders.

鈥淭he language of the Act does not require the granting of parole to any youthful offender, but it does require the eligibility for parole to allow for parole to the community prior than earlier law required once eligibility is found by the (parole board),鈥 Wilson wrote in his 14-page ruling.

Going forward, Taylor said the judge鈥檚 ruling could have a legal impact on the cases of other inmates facing similar charges. At least nine individuals were previously released under the 2023 law before the state shifted its position. He also said it could give hope to inmates seeking to demonstrate their readiness for release on parole.

However, the Adult Parole Board鈥檚 Executive Director Roberta Cohen said Tuesday the agency is still reviewing the judge鈥檚 order, which could be appealed.

鈥淎t this time, the board can鈥檛 comment on the court鈥檚 order or how it may affect future parole determinations involving similarly situated individuals, because this is still being reviewed by legal counsel,鈥 Cohen said in a statement.

She also declined to provide an exact timeline for when Tooker would be released from custody, saying the board is working with the state Corrections Department to 鈥渆nsure compliance鈥 with court directives and administrative procedures.

Tooker was convicted in 1996 of murdering an elderly woman in San Juan County after he and some friends broke into the woman鈥檚 house and stole her vehicle, according to court records. He received a life sentence for the crime, which he committed at the age of 17, along with the two consecutive counts that were tacked onto the sentence.

Family members say Tooker has atoned for his crime and became a ministry mentor while incarcerated at the Central New Mexico Correctional Facility in Los Lunas.

After he鈥檚 released, Tooker plans to move to Texas to be close to his family and work at his sister鈥檚 business, Htoutou said.

鈥淗e is beyond thrilled,鈥 she said, referring to her older brother. 鈥淗e missed my whole life growing up, but he doesn鈥檛 have to miss my kids鈥 lives. He gets to be an uncle.鈥  

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on Twitter at @DanBoydNM or reach him via email at dboyd@abqjournal.com.