Former Doña Ana County judge and wife released from custody in federal evidence tampering case
A former Doña Ana County judge and his wife were released from custody Tuesday in a federal case alleging evidence tampering.
The pair were granted conditions of release Tuesday after facing charges tied to a case involving immigration records
This article was originally published by Source New Mexico.
Leah Romero and Austin Fisher, Source New Mexico
Former Doña Ana County Magistrate Court Judge Jose Luis “Joel” Cano and his wife, Nancy Cano, were released on separate $10,000 bonds Tuesday in connection to federal charges of tampering with evidence in an immigration case.
The Canos appeared in U.S. Federal District Court in Las Cruces Tuesday before U.S. Magistrate Judge Gregory J. Fouratt. Joel Cano faces one charge of tampering with evidence while Nancy Cano faces a charge of conspiracy to tamper with evidence. The couple’s charges relate to their alleged connection to Cristhian Ortega-Lopez, a Venezuelan national prosecutors allege resides in the U.S. unlawfully and has connections to the Tren de Aragua gang.
The Canos have been in custody at the Doña Ana County Detention Center since Friday, according to the jail’s website. They appeared in court Tuesday in shackles, alongside over 70 other people facing criminal charges who were waiting to have their cases heard. The room had standing room only, and viewers included several of the Canos’ neighbors.
Fouratt agreed to release both defendants on $10,000 secured bonds, on the condition that they: provide DNA samples; notify the court of any address changes; surrender their passports and eschew new travel documents; don’t associate with Ortega-Lopez and avoid contact with possible witnesses to the case; don’t leave Doña Ana County without his approval; and provide pretrial service officials with information about their renters.
The Canos told Fouratt that they own nine rental properties and all but one are occupied. The judge said they must ensure they rent only to U.S. citizens or immigrants legally allowed to live in the U.S. Fouratt also said they must provide pretrial services with information about their renters and any overnight guests outside of immediate family.
The judge permitted the couple to continue to reside together in their long-time home, despite prosecutors’ worries that they might discuss the case. Fouratt said he could not legally restrict topics of conversation between married couples.
“I want you to have a chance to convince any other judge you see” that the decisions the couple made related to this case were outside of their usual “decision-making,” Fouratt said during the hearing.
The U.S. Department of Justice announced the charges against the Canos in the same news release in which they announced the arrest of a Milwaukee County Circuit Court Judge Hannah C. Dugan for allegedly allowing a Mexican immigrant charged with domestic violence to temporarily avoid arrest by federal agents.
The Canos have not yet entered pleas to the charges, and neither of them have yet been scheduled for an arraignment hearing, according to court records.
Leah Romero is a Las Cruces-based reporter placed with Source New Mexico through the New Mexico Local News Fellowship. Austin Fisher is a journalist based in Santa Fe. He reports for Source New Mexico.