Appeals court upholds former New Mexico State Police officer's child sexual assault conviction
A New Mexico appeals court upheld former state police officer Ronald Jackson's child sexual assault conviction despite challenges to testimony and prosecutorial conduct.
Judges affirmed Ronald Jackson's 18-year prison sentence despite challenges to expert testimony and a prosecutor's theatrical closing argument
Damien Willis, Organ Mountain News
LAS CRUCES - The New Mexico Court of Appeals has upheld the child sexual assault conviction of a former New Mexico State Police officer sentenced to 18 years in prison for raping his young stepdaughter, rejecting challenges involving expert testimony and a prosecutor's theatrical closing argument.
In a 29-page memorandum opinion filed Thursday, Oct. 22, a three-judge panel affirmed Ronald C. Jackson's conviction for first-degree criminal sexual penetration of a minor under 13. The ruling leaves intact the sentence imposed in July 2024 by Third Judicial District Judge Richard M. Jacquez.
Jackson argued that testimony from a child sexual abuse expert and a Las Cruces police investigator improperly supported the victim's credibility. He also accused the prosecution of misconduct during witness questioning and closing arguments.
The appellate judges rejected his arguments for reversal but acknowledged concerns about statistical testimony concerning the credibility of children reporting sexual abuse and described the prosecutor's dramatic presentation during closing arguments as troubling.
Conviction followed two jury trials
The case arose from the sexual assault of Jackson's stepdaughter in May 2014, when she was in fifth grade. According to the appellate opinion, the child later disclosed the assault to her mother, and relatives subsequently reported it to law enforcement.
The Las Cruces Police Department investigated the allegations. Jackson's first jury trial ended in a mistrial in May 2023 after jurors could not reach a verdict.
A second jury convicted Jackson on May 21, 2024, of one count of first-degree criminal sexual penetration of a minor under 13.
On July 10, 2024, Jacquez sentenced Jackson to 18 years in prison, with credit for 57 days of presentence confinement. The judgment also imposed an indeterminate parole term of five years to life and required Jackson to register as a sex offender.
Jacquez designated the conviction a serious violent offense, limiting Jackson's eligibility for meritorious deductions — or "good time" — from his prison sentence.
Expert's statistics raise questions about witness credibility
One of Jackson's central arguments concerned testimony from Sueann Kenney-Noziska, a licensed clinical social worker accepted as an expert in childhood sexual abuse and trauma.
During the trial, Kenney-Noziska testified that approximately 92% to 98% of children who report sexual abuse are telling the truth, while 2% to 8% of reported allegations are false.
Jackson argued that the testimony improperly suggested jurors should believe his stepdaughter's account.
The Court of Appeals cited a separate 2026 decision involving the same expert in which judges found that statistical evidence suggesting a victim was probably telling the truth intruded on the jury's exclusive responsibility to determine witness credibility.
In Jackson's case, however, the judges did not decide whether admitting the statistics was an error. Instead, they assumed it was and examined whether the circumstances justified reversing the conviction.
Under New Mexico law, appellate courts generally review evidentiary issues that were not properly preserved through an objection at trial under the more demanding standard of “plain error.” To overturn a conviction on that basis, judges must find an error affecting the defendant's substantial rights and creating grave doubts about the validity of the verdict.
The appellate court concluded that threshold had not been met.
The judges noted that Kenney-Noziska had not personally evaluated the victim, did not express an opinion about whether she was telling the truth and did not identify Jackson as the perpetrator. The prosecutor also did not repeat the specific percentages during closing arguments, and jurors heard other evidence supporting the conviction.
The court separately upheld the admission of the expert's general testimony about childhood sexual abuse, delayed disclosure, grooming and family dynamics.
Damien Willis
Prosecutor's courtroom theatrics draw criticism
Jackson also challenged the prosecutor's conduct during closing and rebuttal arguments, including a demonstration in which the attorney physically tore pieces of paper while describing the effects of the assault on the victim's family relationships, sense of safety and innocence.
According to the appellate opinion, the prosecutor tore paper throughout the presentation for dramatic emphasis.
Defense counsel attempted to object, but Jacquez instructed him to sit down. The prosecutor completed his rebuttal approximately 30 seconds later.
After jurors began deliberating, Jacquez permitted the defense attorney to explain the objection. The attorney said the prosecutor had become increasingly emotional and that he intended to ask the court to intervene.
Jacquez concluded that the conduct had not crossed the line into unfair or prejudicial argument.
On appeal, Jackson argued that the prosecutor's conduct was calculated and improperly appealed to jurors' emotions.
“Our review of the record reveals that the prosecutor's theatrical conduct was troubling,” Chief Judge Jacqueline R. Medina wrote for the panel.
The judges nevertheless concluded that the evidence supported the argument and that Jackson had not shown the conduct deprived him of a fair trial.
The opinion also noted that Jackson failed to preserve several other complaints about closing arguments through timely objections or adequately developed arguments for appellate review.
Earlier sexual assault prosecution ended after alleged victim's death
Jackson previously faced a separate criminal prosecution involving allegations that he sexually assaulted a female inmate while working as a detention officer at the Doña Ana County Detention Center.
A Doña Ana County grand jury indicted him Aug. 19, 1999, on a charge of second-degree criminal sexual penetration involving an inmate. Jackson pleaded not guilty.
The case became the subject of extensive appellate litigation after a district judge dismissed the charge amid disputes over evidence held by Doña Ana County and the detention center. In March 2004, the New Mexico Court of Appeals reversed the dismissal, concluding that prosecutors should not have been sanctioned for discovery delays involving records outside their control.
The New Mexico Supreme Court granted review but quashed its writ of certiorari in January 2005, leaving the appellate ruling undisturbed.
Prosecutors continued pursuing the case, but on Sept. 7, 2005, Assistant District Attorney Susan Riedel entered a nolle prosequi, closing the prosecution because the alleged victim had died, according to district court docket records.
Jackson was not convicted in the inmate-related case.
Court finds no grounds to overturn conviction
In the current case, the Court of Appeals also rejected Jackson's argument that the investigating officer improperly endorsed the victim's credibility by explaining why he pursued charges based on statements from the victim and her mother.
The judges distinguished an investigator's explanation for seeking an arrest warrant from an explicit opinion on whether a witness was truthful.
The court cautioned prosecutors to exercise care during closing arguments and defense attorneys to object when statements risk improperly inflaming jurors' emotions.
Medina's opinion was joined by Judges Shammara H. Henderson and Kristopher N. Houghton.
The ruling affirms Jackson's conviction and leaves his 18-year prison sentence intact.
Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.
