Martinez to investigate ADA
Special prosecutor brought in to probe allegations of abandonment, battery by Martin

By Leslie Wood
Staff Writer

GALLUP — District Attorney Karl Gillson has appointed a special prosecutor in a neighboring jurisdiction to investigate the misdemeanor charges that are pending against Assistant District Attorney Bernadine Martin.

District Attorney Lem Martinez, out of the 13th Judicial District in Grants, has been assigned to prosecute the case. According to court files, a trial concerning the matter is scheduled for Aug. 18 at 10 a.m. in magistrate court. Farmington Magistrate Stacey Biel will preside over the case because local magistrates have recused themselves from the hearing.

Martin remains on paid leave until the allegations can be resolved.

Gallup police arrested Martin on May 21 on charges of child abandonment and battery on a household member after she was allegedly found intoxicated at her Cedar Hill Drive residence while in custody of her three children, whose ages range from nine to 12.

Wayne Lufkins, Martin's ex-husband and the children's father who lives in Albuquerque, asked police to check on the children's welfare after he allegedly learned Martin was drinking. Martin and the children had spent the day at Ramah Lake and returned to her Gallup residence by nightfall, according to police reports.

When police arrived at Martin's residence, her breath reportedly smelled of alcohol, her speech was slurred and her eyes were allegedly bloodshot. Officers interviewed Martin's children, one of whom described her behavior as "very weird."

One of the girls also said Martin struck her on the back and said it knocked the breath out of her. When asked if they felt safe remaining at the apartment with their mother, the children reportedly said no.

According to reports, Martin allegedly admitted to police that she had been drinking 12-ounce cans of beer prior to the incident, but that she was abiding by the law because she is older than 21.

Martin has pleaded not guilty to the offense. James Bierly, Martin's attorney, did not immediately return a request for comment.