In the court file, there’s no explanation of why he wasn’t simply let go. Legal experts say judges need to give that explanation.
"You have to explain, if you’re a judge, to the defendant why it is that you’re assessing them money," said former judge and UNM professor Joshua Kastenberg.
Archuleta had a long record, and Kastenberg believes that’s a big factor in the judge setting bail.
"You want judges to be able to exercise their discretion, but without a ruling, we don’t know what this particular judge had in his or her thought processes," he said.
He says the judge may have explained it in court.
Joshua Kastenberg & Tommy Lopez,
KOB-4 interviews Josh Kastenberg: Mother wants answers after son found dead in New Mexico jail,
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/829